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DOCUMENTS IN PROOF 



OP THE 



CLIMATE AND SOIL 



OF 



PARTICULARLY 

\ 



NEW YORK: 

W. LUNT BRADBURY, PRINTER, 
No. 2, Hanover Square. 

1835. / 



V3 » 



v. 



TO Tim, PEOPLE OF FLORIDA. 



Lttttrt from tha Honorable JOSEPH M. WHITE, to his constituents in Florida. 

Fellow Citizens: 

If I had not in accordance with the views I entertain of the duty of a represen- 
tative to his constituents, prescribed to myself a rule, from which I am unwilling to 
deviate, at the end of each successive session of Congress to give you a brief history 
of what was proposed to be done for your benefit, I should, on the present occasion, 
have remained silent. 

There has been, in the six months of the session, not yet terminated, so little of 
interest, or of congratulation, that I might, with great propriety, have spared you 
the trouble of the recital of the causes which have prevented the consideration of any 
other topics, but those general ones of the deep and pervading interest which havo 
agitated the whole country, from the meeting of Congress, to the present time. 

As, however, you had a right to expect that some subjects of imparlance to you 
should be acted upon, it is incumbent upon me to show that the failure to despatch 
them did not arise from any want of attention or negligence on my part. 

When I arrived here, after a voyage to Europe, rendered indispensable by causes 
with which you are familiar, I found the whole country in the deepest state of distress 
and excitement, resulting from a contest between the Executive and the Bank of the 
United States. It is not my province to go into the merits of this controversy. Tha 
combatants of the respective parties, impute, as usual all their blame to their ad- 
versaries. 

At the end of the preceding session of Congress, the country was in a state of 
the most unexampled prosperity. Commerce, agriculture, and manufactures wer« 
all flourishing. We had a sound currency, well regulated and safe exchanges, a 
correct standard of value, and fixed prices of property. Now, the whole Union 
bears the appearance of the vegetable kingdom after a black frost. Commerce and 
manufactures are languishing, banks breaking, exchanges disordered and fluctuating, 
and the currency deranged. Importations have been so far checked that a great 
deficiency in the revenue is anticipated ; the land sales will be diminished, and a cor. 
responding reduction may be expected in all the appropriations for maritime defence, 
and the improvement of the Territory. 

In this state of things, it would be as unreasonable as preposterous to expect that 
the attention of Congress could be directed to, or their deliberations interrupted by, 
any other objects than those of such a paramount and absorbing nature. 



Hoping that, at some portion of the session, we might find a little time for mere 
local and teiTitorial bnsiness, I took the earliest opportunity to prepare all the bUls 
necessary for such purposes. 

We have obtained appropriations to carry on the navy yard, fortifications, and 

arsenal. , ,. , ^ j .u 

Provision has been made to prosecute the surveys of the public lands, and the pri- 
vate confirmed Spanish titles. ,Q04 U„„ 

Abill.drawnbyme, giving the right of pre-emption up to January, 1834, has 
passed the Senate, and will, no doubt, receive the sanction of the House of Repre- 
sentatives. ..... . 

This bill contains a legislative declaration that settlers who reside in the pine woods, 
and cuUivate in the swamps, are to take a pre-emption at either place. It was with 
some difficulty that I induced the committee to incorporate this provision, besause 
they considered it was an act ofsupererogation, as, according to their construction of 
the existing laws, that right is perfect without further legislation. 

A bill has passed the House of Representatives, and will doubtless become a law, 
directing the sale of one-fourth part of the lots in the town of St. Rlarks. 

The c°ustom-house wiUalso, upon tlie recommendation of the collector, be removed 

to St. Marks. 

The act to equalize representation in the Territory, and for other purposes, was 
not in all respects such as I could have desired, but was the best that could be pro- 
cured under all the circumstances. It is impossible for Congress to lay off the dis- 
tricts of a Territory according to population, or local divisions and sub-divisions. 
This power was conferred upon the Legislative Council, and is still retained by them. 
I received their resolutions, requesting three new members from certain designated 
counties, andhad them referred to the Committee on the Territories. I urged upon 
them, a general provision, to give every county in the Territory a member. 

It is impossible, in a new country, to regulate this by numbers, because it would 
take three or four of the new counties to make up the population of one large one; 
and yet the new counties, in fact, require, in many instances, more local legislati^ 
than any others, and ought to have a Representative acquainted with their peculiar 
situation, and the persons best qualified for the various necessary subordinate offices. 
When it is considered that the population is daily changing, and that the Legislative 
Council represent the whole Territory, and that there are happily no geographical 
or sectional divisions to prejudice the interest of one at the expense of another, it is 
hoped that every portion of the Territory will be satisfied. 

Some alarm was excited, some years ago, in the middle district, by a proposition 
toremove the seat of Government, and a fear entertained that the east and west 
might combine against Tallahassee. I never had any apprehension of that sort 
myself, and was surprised that any emotion should bo produced, as tlie seat of Go- 
vernment was fixed by an act of Congress, and could not be removed without the 
sanction of Congress. 

The preponderance of the two extremes appeared to be greater than the neces- 
sities of their local condition required; and I urged upon Congress the necessity 
and expediency of giving to the middle district two more members, which has been 
done in a bill that has passed the House of Representatives, and will no doubt pasi 
the Senate. 



I trust this will give peace and quietude in a manner of much delicacy and in, 
terest, in which I liave endeavored to make an arrangement satisfactory to all parts 
of the Territory. If the necessary expenses of Legislative Council, from this 
increase of members, shall exceed seven thousand dollars, there will be no difficulty 
in having such sum added, if itbe for some useful legitimate object, properly charge- 
able to the United States. It was supposed that the seven new members would 
not receive more than the seven disbanded clerks. 

Finding that was impossible, in this agitated condition of the country, ever to 
arrive at, in their regular order, any of the bills reported for the Territory, I asked, 
as a favor, the assignment of a day for Territorial bills, alleging as one reason the 
necessity I was underto return to Europe, in this month, for my wife. The day was 
appointed, without which not a single bill would have been taken up or acted upon. 
We have, however, succeeded beyond my most sanguine expectations. 

A bill iias passed the House of Representatives, appropriating twelve thousand 
dollars for a road from the Alabama line to Apalachicola. 

Provisions has been made for the survey of a road from Tallahassee to Cape Flo- 
rida, intended to pass through the peninsula of East Florida. 

Since the treaty has been made with the Indians, by which it is expected that they 
will remove next autumn, it becomes a matter of great interest to the whole Territory 
to have that promontory thoroughly examined, and I doubt not that the small county 
of Hillsborough will, in a short time, rival any one in East Florida, in wealth and 
population. 

The sum of fifteen thousand dollars has been proposed by the Committee of 
Ways and flleans for the repair of the road from St. Augustine to Pensacola. This 
sum being included in a reg..lar appropriation bill founded upon a report and esti- 
mate of the Quartermaster General, may be expected to pass without objection. 

Provision has been made for the survey of the east pass into Apalachicola Bay and 
River, with a view to the removal of obstructions, and the improvement of the na- 
vigation. There is but little doubt that a very liberal appropriation will be given for 
this object. A bill was again reported for the contemplated canal between St. An- 
drew's Bay and Apalachicola river, but so many restrictions were proposed, and 
difficulties suggested, that it was proposed to make an appropriation for a survey, by 
the United States' engineers, of a sloop and steam-boat passage, to be opened at the 
expense of the United States. The cost must be infinitely greater than that intimated 
in the very imperfect report we had upon the subject ; and whether commenced and 
executed by individual enterprise or on public account, it is better to have a thorough 
and scientific examination. 

A bill has been reported authorizing a survey of the Ausilla, Chipola, and Su- 
wanee Rivers, with a view to their improvement, and the survey of the route and 
estimate of the cost of a rail-road from Tallahassee to Jacksonville. 

An appropriation has been made to complete the improvement of St. Mark's 
Harbor. 

Provisions will also be made for placing buoys in St. Mark's Harbor, and for bea- 
cons on the East and West shoals. 

Four large buoys will also be placed at the east end of St. George's Island. 

The following objects are also provided for, in a bill, which there is every reason 
to believe will pass before the adjournment. 



For a light-house at Musquito Inlet, eleven thousand dollars. 
For a light-house at the east end of St. George's Island, ten thousand doUar;. 
For rebuilding light house at St. John's, ten thousand dollars. 
For a light house at Eginont Island, ten thousand dollars. 

A bill has also been reported, proposing to appropriate fifteen thousand dollars for 
the erection of a custom and court-house at Pensacola. 

The sum of nine thousand dollars has been appropriated for counsel fees and 
expenses connected with the settlement of private land claims. Judging from tho 
general sentiment of Congress, this will be the last appropriation for this object. 
rhe delays ,n the settlement of the land claims have been injurious to the public, pre- 
judicial to the Territory, and ruinous to individuals. 

The President refused to have any estimate made for the continuauce'of the 
repairs of the fort at St. Augustine, and the reconstruction of the sea wall ; and 
without the sanction of the Executive, it is most difficult at any time to obtain such 
an appropriation, and especially at this, when Congress have refused to carry on a 
number recommended by the War Department. 

I shall, however, move an appropriation of fifty thousand dollars for this object. 
The bill for the payment of the losses in East Florida has been ordered to be en- 
grossed, and I have every reason to believe will become a law. The numerous 
facts and documents wlucii I have obtained to illustrate 9th article of the treaty, can- 
not fail to produce conviction upon the minds of all who will read them. It will 
follow as a necessary consequence, if the losses of 1812 and 1818 are paid, that some 
future Congress must provide for those of 1814 at Pensacola. Any attempt against 
the report of a committee to add that class of claims to those admitted, would em 
barrass,ifnotdestroytheindemnityfunded for East Florida; and the further con- 
sideration of the subject will be postponed until it can be presented under more 
favorable auspices. 

The old question about the boundary line between Geo^ia and Florida came up 
lor discussion again, and a bill to run and mark the line agreed upon between the 
commissioners of Spain and the United States, under the treaty of 1795 was passed 
.n Committee of the Whole by a large majority. In other words, Congress decided 
against the pretensions of Georgia, and in favor of i"lorida. 

The report of a canal route between Pensacola and Mobile Bays was made at this 
session of Congress, under a law passed authorizing a survey and estimate. The 
sum required so far exceeds any former estimate, that we can hardly expect Con-ress 
to commence it at the public expense in the present condition of the revenues o°f the 
country. I siiall take the survey with me to England and Holland this summer and 
see whether capitalists can be found who would, under a good charter, undertake 
the work. 

I ought not to omit to mention to you that the Supreme Court have disposed of 
twelve Spanish land cases, all in favor of the grantees, which will, it is hoped, give a 
new impulse to emigration. 

The "Forbes purchase" is hung up upon the pretence of obtaining papers in 
Cuba, which I believe any one at all acquainted with the case knows cannot be had. 

ihe agent there demanded three papers, the only ones he ever specified, all of 
which were already in the record, of which he was utterly ignorant. 

It was not my purpose, last spring, when I left Florida, to have sulfered my name 



again to be placed before the people of Florida for their suffrages. This determina^ 
tion.was formed from a deliberate consideration of the peculiar circumstances in 
which I was placed. It is known to the whole Territory, that the continued iU health 
of my wife rendered a visit to Europe necessary; and if she had not derived great 
benefit from the sea voyage and sojournment in Italy, it was my intention to have 
resigned at the end of the present session. The late flattering accounts I have re- 
ceived has encouraged the hope of her entire recovery, and it is my intention in a 
fevv days, to sail for Europe to bring her home. I did suppose, from the incessant 
efforts of the party opposed to me to persuade you that I was a non-resident and 
from the very great indulgence you had shown heretofore, that there might have 
been a small portion ef my friends who would have been dissatisfied witli mv 
absence. ^ 

If this had been the case, I should have surrendered into your hands the honorable 
trust confided to me with the same pleasure I accepted it ; because I have too much 
respect for you, and for myself, to desire to hold it longer than it can be made useful 
or agreeable to you. 

I cannot conceal from you the expression of the very great gratification I have 
received from the assurance that it was the wish of all my old friends that I should 
remain in their service. This generous expression of continued confidence, under 
the circumstance., has penetrated me with the deepest emotions of gratitude, and 
has left me no alternative but to say that I am willing to serve the people of Florida 
agam, if they choose to honor me with their continued confidence 

It may be proper to remark, that, in coming to this conclusion, I violate no pled^^e 
given to any man ; and I deny that any one has the right to claim any such, express- 
ed or implied. Neither of the gentlemen who have presented them's elves oXn 

soTr'as I ZoT ''''^°"' *"'" ^""^ ''"'"' "P""" "^^ ""' "P'^'^ ^^ ^"«°^ " 

I need hardly observe that the silly story of my having entered into a combination 

here with an old poht.cal opponent, with a view to the next or subsequent elecul 

IS entirely destitute of foundation. elections, 

Fl^rr tr''^'''f T'''"'' ^ '"'' °°^^ '"^ ''^ '^''' I h-« - «'^-r than that in 

riorida-I have neither home nor property any where else ; and that aU my interests 

and feelings are identified with those of the people of Florida 'nterests 

An extraordinary desire has been manifested to introduce into the political contests 

of th n T?'?/ T'°"r«"''^"-"^°P^^^'"I'°" -'-'^ ^he constitution and Lw 
of the Umted States have denied us a vote, and in the decision of which, therefr 
we have no participation. Those who have rendered no service to tii people of 
Fonda, and have no other claim to their consideration and suffrages than a up' 
pes d concurrence of political opinion upon theoretical and speculative doctnnes of 
pohtical economy, or constitutional construction mav find it t. "^.^ ''"^'"'^^^ »* 

S;?;::; i™i;:r err r' '° - -- ""- ■"--"' 

ft. selecuon of fte,. Delegate is concerned. No one douie. ,he ,„d,ori,y Tf Con 
gre»,„make,nu,nuU m.provement, mfte Terri^, and yon are n« eld I 



to select an orator to debate the other vexed proposition, but to obtain as much for 
the latter as talent and industry will enable him to accomplish. 

I think I perceive, even at this distance, a movement making to involve the Ter- 
ritory in some discussions about State rights. As your Delegate ^viU not be called 
unon to discuss any other State right than the right of the State of Georgia to take 
one million and a half of Florida land; and as I have so far successfully resisted this 
State ri-ht, I think I shall not be seduced into a discussion of any other. I have not 
the slightest doubt but that, when we come to take our position among the States of 
the Union, the opinions I have always maintained, and now hold, will be found to 
correspond with those of a large majority of the people of Florida. I have always 
been attached to the republican party, and am a friend to State rights ; but I wish to 
obtain for our Territory, by encouraging emigration, promoting commerce, author- 
izing canals, and opening roads, the requisite population for a State, before we 
trouble ourselves about State rights. 

I am always ready to discuss, in Congress, or out of it, the question of Territorial 
interests and such propositions as will tend to promote the general prosperity and 
the happiness of their inliabhants. I would much prefer to discuss the policy of 
makiu- a road from Tallahassee to Cape Florida, or opening a steamboat canal from 
the Mississippi to St. Augustine, than to begin a controversy as to whether Mr. Ma- 
dison understood himself in expounding his resolutions of '98, or whether they are 
better understood by others. When Mr. Madison construes his pwn resolutions as 
bein- opposed to nullification as it is now understood, and when twenty-three States 
have decided against it, I cannot perceive what possible benefit can result from an 
attempt to make Florida a nullifying State in advance. Although I consider nuUi- 
fication a great heresy, I was not in favor of putting it down by the proclaination and 
force bill I thou-ht it a disease of the body politic which would yield to lighter 
remedies'than brimstone and saltpetre. I was in favor of a eompromise of the 
tarilT; or. to speak more explicitly, I was opposed to the excessive and unequal tariff 
that made such a compromise necessary. . , . 

I have been led thus far in the expression of my opinions, from a desire never to 
conceal them upon any question, and witli a view also to prevent misrepresentation 
on the subject during my absence. , . „ . a 

I have only to request my friends, if any illiberal assaults shall be made upon my 
public course or conduct, during my absence, to bear in mind that, in ten years of 
bittercontroversy, during which every art and artifice have been employed, nothing 
has been alleged which has not been satisfactorily refuted. I shall be here at the com- 
mencement of the next session of Congress, and in Florida immediately after the 

'''^Sr that Providence will protect and bless yon, that you may have a healthy 
summer tnd abundant crops, I take my leave, with the assurance that I am. with 
high considerations ofrespect,yom- most obedient servant.^^^^ ^ ^^^^^ 

Washinston, June 11, 1834. 



Circular Ldter of JOSEPH M. WHITE, to the People of Florida. 

Fellow-Citizens : It is now ten years since you first honored me with the 
charge of your public interests as Delegate in Congress, and, without incurring the 
censure due to egotism or arrogance, allow me to review, for your satisfaction, 
what has been executed, or attempted by me, for your service in that period. Many 
of you were not then inhabitants of Florida, and in order justly to appreciate the 
comparative prosperity of our present situation, you should be enabled to contrast it 
fairiy with the past. The great extent of our Territory rendermg personal commu- 
nication impossible in most cases, and the continued influx of emigrants, to many of 
whom I am a stranger, authorize, and, perhaps, demand the detail. 

Much it is true, remains to be done by the industry of our citizens, and the fos- 
terin- care of our rulers, before Florida can fully avail herself of her great natural 
advantages. Neither her progress nor the bounty of the General Government may 
Keep pace with her impatience, yet we cannot be fully sensible of the rapidity of her 
march, or duly thankful for the enlightened liberality of Congress, without carrying 
back our thoughts for a few years. 

A calm retrospect of past difficulties will aid in reconciling us to present priva- 
tions, and enable us to judge more accurately of our future prospects. It will, per- 
haps' show the inhabitants of the Territory that their reasonable hopes have not 
proved delusive, while it may serve to confirm and direct the projects of those at a 
distance who design at once to advance their own fortunes, and to bring us what we 
most want, capital and population. 

In the first Legislative Council of the Territory at Pensacola, in the year 1822, 1 
proposed, and hiTd adopted, a memorial to the President, which he communicated to 
Con.-ress' by special message, recommending a navy yard and fortifications at Pen- 
sacoTa • a road from that place to St. Augustine ; the establishment of a seat of Gov- 
ernment in the centre ; a new judicial district in Middle Florida , the removal of the 
Indians, and a survey of our coast. 

I was elected to Congress in 1825 ; and the first measure which engaged my atten- 
tion was to secure to every poor settler upon the public lands a right of pre-emption 
to the quarter section occupied by him. There had, at that time, been no pre-emp- 
tion law for ten years; and two reports of the committees of Congress, concurred in 
by the House of Representatives, had indicated an abandonment of the policy of 
dontinuing that sort of legislation. These decisions, after a long and earnest de- 
bate were reversed, and the bill passed, which has since been followed by subse- 
quent acts of legislation up to tliis period. The benefits of this system to the Terri- 
tory I need not detail. , 

At that session acts of Congress were passed, confirming all the Spanish land 
claims under the jurisdiction of the commissioners ; and, subsequently, provision 
made for the final adjudication of all others. Although there has been great and un- 
necessary delay in these cases, it will be seen that they have, in consequence of the 
legislation of Congress, been disposed of much sooner than those of any other State 
or Territory in which tliese titles exist. 

The State of Lbuisiana has never yet succeeded in having a law passed for the 
final adjustment of their Spanish claims ; and, after thirty-two years delay, they ar« 

now in the same state. 

2 



10 

Propositions were made for a survey of our vviioie coast and country, to ascertain 
how far it was capable of beipg benefited by an enlarged system of internal im- 
provement. About fifty thousand dollars has been expended in these surveys, and 
much valuable information collected, upon which future legislation may be based. 
Twenty-two thousand dollars was appropriated for roads in East Florida ; ports of 
entry and delivery were established wherever commerce or population required 
them. Post routes were established throughout the Territory. Light-houses pro- 
vided almost in anticipation of, and as an invitation to commerce, upon our whole 
extended seacoast. The judiciary system reorganized, and our courts and their ju- 
risdictions regulated so as to adapt them to the situation of the country, and to de- 
fine and protect the rights, property, and the liberty of the citizen. 

Additional grants of land were made for the seat of Government at Tallahasse : 
and, subsequently, a large reserve, for the use of the town, of the water fall and the 
contiguous lands. 

At a subsequent session, when I perceived an evident disposition to discontinue 
the system of maritime defence projected in the plan of fortifications, I uro-ed the 
commencement of fortifications at Pensacola harbor. The proposition was evaded 
and postponed in various ways, until I obtained the passage of a resolution ordering 
the War Department to complete the surveys and plans, wliich was followed by an 
appropriation for materials to commence the work. If this had not been done at the 
period when it was done, there would not have been at this moment a brick laid in 
the construction of the defences at Pensacola. 

I proposed a radiating marine railway for the repair of frigates and sloops of war 
which was agreed to, and incorporated in a bill for the gradual improvement of the 
navy, whenever, in the opinion of the President, such a work may be useful. I fear 
such a work will not be deemed advantageous until after the 4th of March 1837. 

Appropriations have been made for removing obstructions and improvino- the 
navigation of the Escambia, Chactawhachie, Appalachicola, and St. Mark's rivers. 

The inland channel between St. Mary's and St. John's, has been opened at the ex- 
pense of the General Government. Buoys and beacons have been placed in all our 
bays and harbors. 

Barracks and an arsenal have been provided, under special acts of Congress. 

■Resolutions have been passed, at my instance, requesting the President to direct 
all foreign consuls and commanders of armed vessels, to procure, and send to this 
country, every variety of sugar cane, and other plants and vegetables, which may be 
adapted to our climate and soil. 

The construction of the ninth article of the treatj-, for which 1 have been contend- 
ing for years against the decision of three administrations, has been finally acknow- 
ledged by Congress. The true construction of the eighth article of the s?me treaty 
has been indicated, and its import expounded, by the Supreme Court, which .rives 
to that porfion of our population, the native Floridians, the guaranty of their adopted 
country for the protection and preservation of their rights of property. 

The British claims, which covered a large portion of East and West Florida, have 
been rejected by Congress and the Courts, upon the report of the Commissioners of 
West Florida. 

These are only a few of the general measures adopted for your benefit in the last 
<«n years. The sum of fifteen hundred thousand dollars has been appropriated and 



il 

expc-uJed within the Territory of Florida within that period, in various public worki 
for defence and internal improvement. That a portion of this has been squandered 
in the most useless and profligate manner, cannot be ascribed to any inattention or 
necHEence of mine. Whilst I have been~engaged in obtaining it, others, having 
the confidence of the Executive, have exerted an influence in the selection of agents, 
and appointments of disbursing officers, for its application. I have invariably urged 
upon all the departments here to let out all the appropriations to contractors among 
the people who are interested in the improvement and prosperity of the Territory. 
This course, to a certain extent, has recently been adopted ; and I have confident 
hopes that the future munificent legislation of Congress will be followed by a corres- 
ponding prudence and care in the expenditure. 

I shall now proceed, in a hasty manner, to give you an account of what has been 
done up to this period of the session, of which now only two days remain. The 
largest portion of the following appropriations have passed ; others have received 
the sanction of committees, and will stand for future legislative action, when time 
and circumstances permit. The early part of every session is devoted to the prepa- 
ration of business, and more bills pass in the last week than all the preceding part ; 
unfortunately, however, the news from France arrived, and has prevented the action 
of Congressupon the light-house bill, and several others of importance, I proceed, 
however, with a catalogue of all reported, the largest portion of which have passed, 
and many others will, in the remaining two days. 

For completing a fort at Pensacola, twenty-six thousand dollars. 

For a fort on Foster's Bank, Pensacola harbor, in addition to the balance of former 
appropriation, sixty-five thousand dollars. 

For contingencies of fortifications, ten thousand dollars. 

For imorovement and repairs of the navy yard at Pensacola, forty-four thousand 
six hundred dollars. 

For completing the naval hospitals near Boston, New York, and Pensacola, build- 
ing the necessary out-houses and appendages, and for enclosing them, twenty 
thousand seven hundred dollars. 

For placing buoys in St. Mark's harbor, at proper sites, eight hundred dollars. 

For two beacons on East and West shoals, three hundred dollars. 

For placing four buoys at proper sites in the channel at the east end of St. George's 
island, Appalachicola bay, one thousand dollars. 

For placing buoys to mark the channel through the east pass of Appalachicola 
bay and river, one thousand dollars. 

For improving the harbor of St. Augustine, tliirty-five thousand dollars. 

For repairing the road from Pensacola to St. Augustine, fifteen thousand dollars. 

For clearing out the Ochlawaha river, ten thousand dollars. 

This improvement will open a safe navigation to the valuable lands of Alachua, 
and furnish a safe outlet to the productions of the fertile lands in the vicinity of 
Orange lake. 

For opening a road from the head of Pensacola bay, by Pittman's ferry, on the 
Ghactawhachie river, to Webbville, four thousand dollars. 

For continuing the improvement of the navigation of Ghactawhachie river, from 
Cedar Bluff to the Big Spring, two thousand dollars. 

For removing obstructions in the Chipola river, five thousand doll&rB. 



12 

This last appropriation I have been laboring to accomplish for several years. !t 
is believed to be the smallest river that Congress ever improved at the public ex- 
pense. 

For the removal of five thousand Seminole Indians to their lands west of the Mis- 
sissippi, thirty-three thousand three hundred and thirty-three dollars and thirty-three 
cents. 

For the subsistence of the same for twelve months after their arrival west of the 
Mississippi, forty eight thousand six hundred and sixty-six dollars and sixty-seven 
cents. 

For a blanket and homespun frock, to each individual of the same, twenty-seven 
thousand five hundred dollars. 

For the difference in value of cattle abandoned by them and of those to be deliv- 
ered to them west of the Mississippi, two thousand five hundred dollars. 

For the erection of a light-house on a proper site on Egmont island, at the en- 
trance of the northwest channel leading into the harbor of Key West, ten thousand 
dollars. 

For a light-house on the most suitable site at or near the east entrance from the 
Gulf of Mexico into Appalachicola bay, to be selected by the Secretary of the Treas- 
ury, ten thousand dollars. 

For a survey of the harbor at the mouth of Svvanee river, three hundred dollars. 

For constructing a dredging machine, and for completing the inland channel be- 
tween St. Mary's and St. John's, fifteen thousand dollars. 

There is, in addition to this sum, nine thousand dollars now appropriated, and in 
the treasury, for the improvement of this inland channel, which, it is hoped, will 
deepen it so as to permit the passage of steamboats of the largest class, and make 
it the great thoroughfare for the vSouthern states into that magnificent river the St. 
John's, as well as a channel of communication from the northern and eastern cities 
to New Orleans. The sum of twenty-four thousand dollars judiciously expended, 
will be of great service in this link of seaboard navigation. The next step will be, of 
necessity, a canal from the St. John's into St. Augustine harbor. With a steamboat 
communication inland to St. Augustme, and a breakwater, and deepening the bar 
on the outer entrance, that ancient and venerable city will become, what it deserves 
to be, on account of the salubrity of its climate, and capacious bay, the most desira- 
ble residence in the southern country. 

A resolution has been adopted, requiring the Secretary of War to cause a survey, 
report, and estimate to be made of the repairs of the fort and sea wall, which I have 
no doubt will be granted at the next session of Congress. The difficulty, at this ses- 
sion, was, that there had been no report under the authority of Congress or the War 
Department; and the useless and profligate expenditure of the twenty thousand dol- 
lars before appropriated, admonished Congress of the necessity of proceeding with 
more caution, and upon certain data. 

For the legislative expenses and distribution of the laws, ten thousand dollars. 

For other expenses of the Territorial Government, twenty thousand dollars. 

For surveys of private land claims, ten thousand dollars. 

For surveys of public lands, twenty tliousand dollars. 

For the arsenal on the Appalachicola river, included in the general appropriation 
for arsenals, forty thousand dollars. 



IS 

t*ot a road from Hteamboat navigation, on St. John's, to Pantaffy or Swanee, fif- 
teen thousand dollars. 

This road is intended to be a part of the great mail route from New Yoric to New 
Orleans, 

For the survey of a road on the Gulf side, from Swanee to Cape Florida, in addi- 
tion to five hundred dollars last year, fifteen hundred dollars. 

The object of this proposed examination is to ascertain the practicability of con- 
structing a road from some point on the military road between Tallahassee and St. 
Augustine to Cape Florida, and thus connect the settlements on the coast v.-ith the 
seat of Government of the Territory, an 1 enable those who are now residing on the 
Keys to reach every part of the Territory by land, after passing from the islands to 
the cape, where this road may terminate. There must, then, be a road from St. Au- 
gustine, by Palatkia, to intersect with this somewhere about the centre cf the pe- 
ninsula of East Florida. 

All these propositions will be made in due season. They must he postponed for 
the course of events. We have already pressed upon the liberality ot' Congress as 
far as it was prudent or politic. When these objects are disposed of, we may 
have some prospect of success in an application to improve the harbor at the mouth 
of Swanee river, and to remove obstructions in the Ausi'Ia. I feel a deep interest, 
personal and public, in the removal of the obstructions in the Ocilla river, and have, 
upon three occasions, brought the subject before Congress ; but there were so many 
other objects that the couunittees have postponed this until some more favorable 
time. 

I know that there is no task more delicate or difficult than the selection of objects 
of internal improvement in the Territory in such manner as to do justice to its res- 
pective parts, and to avoid public or private dissatisfaction. Many individuals con- 
ceive that the little i iver on which they live, or the neighborhood in which they re- 
side, has been neglected because the obstructions are not removed, or a road cut at 
the expense of the national treasury by their doors. The advantag-cs of such a work 
to the public are too often estimated by the particular benefit to the lands on which 
they reside, or in which they have been speculating. LTpon these individuals no pu- 
rity of intention, no public and enlightened policy, which looks to the promotion of 
the whole country, have the slightest effect. Whatever will improve the value of 
their lands is of national importance in their estimation ; and, in proportion to the 
insignificance of the work, their zeal is more stimulated, and their complaints louder 
against that negligent delegate who does not clear out each spring branch and make 
a road to each door. 

These persons occupy themselves, not in instituting comparisons between our 
Territory and others, or between our people and the remainder of the southern 
country. They never calculate the amount we pay into the treasury, and the sums 
we draw from it, and the difficulties a delegate has to contend with here in urging 
upon the National Legislature a variety of local improvements in which no human 
being has the slightest interest, except the delegate and his constituents. Their 
comparisons are, whether east or west, middle or south, this river or that, a harbor 
here or there, has been more favored or benefited than another. 

These.persons are but few, I am rejoiced to say ; but I appeal from their complaints 
%o the candor, justice, and good sense of the community at large. I nsk every liberal 



14 

»r,an to loo', to my conduct for ten years, and say whether, upon a general survey ol' 
the whole Territory, there has not been a fair and equal distribution of appropriations 
of the General Government. I ask whether it is jusi, or generous, to impute to me, 
as a motive for my public conduct, that, because I own property at Pensacola, I ex- 
ert myself in favor of a vigorous prosecution of the fortifications of that harbor, and 
the extension of the navy yard ? In one part of the Territory it is said I favored the 
west, because of my personal interests in that quarter. Again, it is said that I ob- 
tained appropriations for Appalachicola and Ochlochny, because of my interest in 
Forbes's purchase, and that Leon county was favored, to purchase votes, at the ex- 
pense of other counties. I know that a large majority of the people of Florida give 
me credit for higher and nobler motives. I know, too, that some worthy men are 
imposed upon by these incessant and disreputable attacks. Let every one make an 
estimate of what has been done in each district, and he will find that every harbor 
which was calculated for the concentration of commerce, and the depot of exports 
and imports, on the Atlantic and Gulf of Mexico, has been surveyed at the pubhc 
expense, and many of them improved. They will find that every river which was 
calculated from its extent to contribiUc to the convenience and advantage of the 
largest number of individual?, for the transportation of the products of the country', 
has been cleared out bj' appropriations of Congress. Let any one institute a com- 
parison with rivers of equal size in Florida, and the respective States in which they 
have lived, and say whether as much money v/as ever obtained in any other portion 
of the Union for the improvement of the country. 

Every impartial and just man must admit, upon a careful review of the legislation 
of Congress for ten years, that it has been directed to the general prosperity and ad- 
vancement of the whole Territory, without respect to parts or parties, political or 
geographical. 

I have been led into this digression in consequence of the perpetual and annoying 
complaints from several quarters, which are as unjust as they are mortifying to me. 
To proceed with the incidents of the session : 

A bill has passed the House of Representatives, and will pass the Senate, to au- 
thorize the City Council of St. Augustine to open a street through the public grounds 
from the bridge over St. Sebastian's to the public square. 

A bill has also been reported to put all the clerks of the several counties upon an 
equal footing with the clerk of the Court of Appeals, as to their per diem of five dol- 
lars during the sessions of their respective courts, to take effect since 1826, and office 
rent, with other allowances. 

A bill has been reported to extend the pre-emption law to all settlers on the pub- 
lic lands up to this time. 

A bill has been reported for the establishment of a new judicial district in West 
Florida, I succeeded in having it made the special order. for a particular day; but, 
by successive postponements of all local measures, to act upon the general appropri- 
ation bill, it is now evident that it cannot be acted upon at the present session. — 
There would have been some opposition to it, on account of the large amount of the 
present judiciary expenses of the Territory, and because the title to the town of Ap- 
palachicola was not decided upon. I have no doubt, however, that, upon such ex- 
planations as I could have given, the bill womTl have passed. 

This contested title, whiclr has been so long, and I think so unjustly, delayed, to 



15 

the great injury of the Territory and the claimants, has bee:i ruled for trial at the 
present term of the Supreme Court. There is but little question that it will be de- 
cided in favor of the claimants, as the only two doubts of its validity su?gested by 
the land commissioners have been entirely removed by the most conclusive and un- 
impeached testimony. 

Although I have been greatly and most unjustly abused and misrepresented in re- 
gard to this title, I cherish no resentment to any man living within its limits ; and 
should it be decreed to be the property of my clients, I will endeavor to return oood' 
for evil, by recommending to the owners a liberal and indulgent course to all the oc- 
cupants. I believe it is, in the end, their true interest to act in harmony and concert 
with all the present settlers ; and, so far as I know their views and intentions, such 
a course will be pursued. 

The delays in the settlement of these land claims have greatly retarded the «ett'c 
ment and prosperity of the Territory. I have made an cfioit to procure an official 
report of all such as are made by the same officers, and for the same considerations 
as those confirmed by the Supreme Court, that I may procure the passage of a law 
to confirm them without ftuther delay or expense to the parties. 

It was with great difficulty we procured the passage of the law of 1S28 on any 
terms; and it never could have been passed, under the state of feelino- then existi'n<^ 
withoutthe provision inserted in the bill by the Senate, that no claim should be finalfy 
decreed agamst the United States over a league square, until it had received the 
sanction of the Supreme Court. Since that Court has decided many important con 
tested questions, all that come within their influence ought to be confirmed without 
expense to the claimants. 

It is my intention, should I be here next winter, to have them all disposed of by a 
special law, if they are not decided before that time. There will, I am sure b- no 
hesitation on the part of Congress to dispose of all such as are embraced in the'^de 
cisions previously given byan act of legislation ; and it will not be difficult to -how 
that there are very few remaining which are not embiaced by the principles esta- 
blished in these adjudications. 

We have a bill presented under the sanction of a committee, providino- that where 
the sixteenth section of each township, reserved for the use of schools shall be bar 
ren and unproductive, the inhabitants of the township shall be authorized to file with 
the Register of the Land Office, a rehnquishment of their claim to said section and' 
to enter another in lieu thereof. This bill was introduced in both House, and has 
passed the Senate, and will pass the House of Representatives at this, or s'ome suc- 
ceeding session : the school fund, thus increased and equalized, with the location of 
the hco townships selected in sections under a special law passed at my instance 
some years since, will, it is hoped, be sufficient to enable us to adopt a system 
of common schools upon such a munificent and enlarged basis, as to difluse the in- 
valuable benefits of education among all classes of our population 

A bill was reported at the last session, and is now on file, for th'e construction of a 
custom and court-house at Pensacola. 

It was also urged upon Congress and the Secretary of the Treasury to repair the 
court-house of Duval county, at Jacksonville. This may be done, upon the applica- 
tion of the marshal and district attorney to the Secretary of the Treasury out of the 
judiciary fund. ■" 



16 

The resolution of the Legislative Council, requesting a grant of land for a court- 
house in Walton county, was received too late to be acted upon. As that county 
has not had a pre-emption for a county seat, I have no doubt their request would 
have been ;^ranted, if it had been presented in time. At the latter end of a session, 
when there"are five or six hundred bills depending, it is impossible to get a commit- 
tee to report a new one, or Congress to act upon it if reported. The resolution will 
be left on file, to be taken up at the next session. 

Two or three other resolutions were sent to me requesting my attention to several 
objects, which it was impossible to act upon for want of time ; among others, pre- 
senting the claims of Duval, Jackson, and Franklin counties to an additional mem- 
ber toUie Legislative Council. It is to be regretted that there was not a more exhct' 
equality in t!ie representation of the Territory ; and the power was expressly given 
to the Legislative Council that they might, from their greater knowledge of the po- 
pulation of the respective counties, make provision on the subject. 

It can hardly be expected that Congress will legislate on this subject at each suc- 
cessive session, or add, by special laws, a member to each county within one year 
after the legislative body has been increased eight members. 

It is apparent that we shall have to continue for some years longer under aTerri- 
ttjrial Government ; and, should I have the honor to represent you again, I shall at- 
fempt to remodel the Territorial Government, so as to give two branches of the legis- 
lative body, if it can be done without expense to, or taxation upon, the people. 

In the first grade of Territorial Governments, the President appoints the members 
of the legislative department, as well as all other officers. 

In the^second grade, the people elect, and pay out of their own treasury, a House 
of Reptesentalives. 

When I came into Congress we were in the first grade ; but, as I thought that it 
-;^as more consonant with republican principles and popular rights to allow the peo- 
ple to select their own legislators, and as I trust I shall never desire patronage at the 
expense of the people, I procured the passage of a law to confer on them the right to 
elect the Legislative Council. In tliis way I secured to them all the benefits and pri- 
vileges of a second grade of Government, without subjecting them to heavy taxation 
tj support a legislative body. I am not willing now to create two bodies, which will 
place that burden upon them, without their instructions to that effect. 

If this new organization can be made without such a result, I shall endeavor to 
have it done.— If not, I desire to know beforehand whether you are willing to pay the 
taxes to support another Legislative Assembly. 

I ask my old and much valued friends in Duval, Jackson, and Franklin, to be 
assured that if this re-organization can be effected, the greatest regard will be paid 
to the respective claims and rights of every part of the Territory. 

Petitions were presented for a custom-house at Indian Key ; but as the Secretary 
of the Treasury did not recommend it, of course it was not sanctioned by Congress, 

Various other petitions were presented ; some approved and sanctioned by law, 
others postponed, and some rejected. There were, at the beginning of the session, 
five hundred bills on the calendar, of which only about one hundred have been acted 



on. 



The payment of claims under the ninth article of tire treaty has been delayed, in 
consequence of a supposition that the evidence upon which they were founded had 



17 

been burnt at the Treasury. The report was found in the Capitol, and they will ba 
examined and paid as they are presented by the persons entitled, or to their duly au- 
thorized agents. 

I apprehend that the law securing this indemity, which was pursued with so much 
Solicitude on the part of the claimants, and prosecuted with so much zeal on my part 
for nine years, under the most discouraging circumstances, and reluctantly yielded 
to when the evidence aocumulafed to such an extent as to baffle doubt and carry 
conviction to the most perverted and prejudiced minds, will be construed with a rio-or 
which will destroy much of the benfits it was intended to secure. The forty thou- 
sand dollars awarded by the jvidge, it was believed by the committee and Congress 
would at once be paid. Every claim is, however, scrutinized with as much minute- 
ness as if the transactions happened a year ago, when all the witnesses were livin" 
and cognizant to the facts. 

It was the intention of Congress, as it is the obvious import of the treaty and the 
law, that the inhabitants of Eaf-t Florida, should be entitled to indemnity for all the 
injuries occasioned bv the invasion of that province in 1812 and 1813. 

The injuries resulting from the direct appropriation of proxasions, or destruction 
of property, by the American troops, were very inconsiderable, owing to the known 
character of our arm V and its officers for discipline and respect for private rights. 
The treaty was intended to secure, and does provide for, every species of loss occa» 
sioned, directly or consequentially, by that invasion. 

Every loss which can be established to have resulted from the acts of the allies 
of our troops, the Indians, or followers of the camp, who took advantage of the oc- 
casion to commit any outrnges on the inhabitants, the Spanish subjects have aright 
to claim of the United States indemnity for losses occasioned by their abandonment 
of their homes in consequence of the apprehension of injury from an approaching 

army. 

The military occupation of East Florida for eighteen months by American troops 
has been decided to be against the laws of nations and subsisting treaties ; and 'the 
United States have agreed that the inhabitants shall be placed in the situation they 
were prior to that invasion, by a payment of all the damages (with interest) they sus- 
tained. If this is not done, we must apply for a modification of the law. The prin- 
ciple bavin? been established, the sufferers cannot be deprived of it by refinements 
of construction. 

Some complaints have been made in regard to the repeal of all laws taxing the 
property of non-residents higher than residents of the Territory. These laws were: 
in violation of an act of Congress declaring that no Territorial Legislature shall tax 
the property of non-residents hiijher than residents. The act was void without the 
annulment of Congress ; and every one who attempted to enforce it was subject to 
a prosecution. I was concerned to learn that it was supposed to have conflicted 
with the interests of our stock owners near the dividing line. As soon as I was 
made acquainted with the fact, I drew up and sent to a worthy and excellent friend 
in the Council an act which will effectually attain the object, without violating any 
act of Congress. I suppose the measure has been adopted by the Legislative Coun ■ 
cil, and in that way you have secured an effectual protection, in place of the delusiv* 
and illegal one before subsisting. 

A mail route will be estabUshed from Pensacola, by Florida town, Blackwatflr, 

3 



IB 

Alkuirante, to Alaqua, to intersect with the main mail route on the other side. An 
appropriation has been made to open the road from the head of the bay to Pittman's 
Ferry, and from thence, by Cambellton, to Wcbbville. 

Some complaints have been made in consequence of the failure to appiopriate the 
sum of $15,000 for the repairs of the military road, at the last session, from Talla- 
hasse, westward ; and this failure has been unjustly imputed to my absence a few 
days before the end of the session. The bill containing that item was reported by 
the Committee of Ways and Means, and was in the special charge of one of its 
members. It contained a variety of objects, and this must, of course, abide the 
fate of the others. If the bill had been passed, that provision was in no danger, as 
it was founded upon a report and estimate of the quartermaster-general. 

I prevailed upon all my friends, before I sailed for Europe, to assign a day for 
Territorial business, on the express ground that I wished to leave. It was agreed 
to, and in that way we obtained what we never should^ otherwise have succeeded in, 
if we had waited the tedious progress of events. The suggestion of my intended 
departure and the appointment of a day for my accommodation, were of great bene- 
fit to the Territory, by enabling me to dispose of all the bills which according to 
usuage I had a right to claim any control over. 

The occasion is not inappropriate, and I trust I shall be pardoned for saying that 
in ten years service I have never been absent from my place a single day when any 
thing either came up or could be accomplished for the Territory by my exertions. 

Since I am in the way of making my defence, I will notice another report which 
has been circulated to my prejudice at every election at Key "West and Indian Key. 
It has been said that I denounced the wreckers as smugglers and pirates in a speech 
in Congress, The charge is utterly false. I never said any thing against them, 
nor entertained any unfavorable impression. On the contrary, I thought and spoke 
of them as a class of men engaged in the most hazardous enterprise, and never fail- 
ing to perform offices of humanity at the utmost peril. It was to afford them a tri- 
bunal that I exerted myself to have the title to Key West decided, and a court orga- 
nized at that important point on our coast. A place that I have proposed should be 
fortified and garrisoned. 

A bill has been passed authorizing the Tallahassee and St. Mark's Railroad Com- 
pany to construct a railroad over the public lands, and granting them the soil over 
which it passes, and thirty feet on each side, with the privilege of the timber for one 
hundred yards, and granting to them ten acres, exclusive of the occupied places at 
the termination. 

After this bill had passed the Senate, two other applications were made, and as it 
was too late to get up a new bill, I had amendments made in the House of Repre- 
sentatives, placing them on the same footing as that above named. 

One of these was an application for a similar grant for the railroad from Pensa- 
cola to the Chattahoochie, opposite Columbus, in Georgia, by a company organized 
by the Legislature of Alabama, and by the Legislative Council of our Territory. 

The other was a Company organized under the authority of the State of Georgia 
and of the Territory of Florida, as it was then represented and believed here. The 
act is baaed upon the supposition that a charter was granted by the Territory of 
Florida, concurrently with that of the State of Georgia. The proposition was for a 
r&droad from Black Creek to Swanee river or ha)'. This company, in their propo- 



19 

fiUions, asked the exclusive privilege of a canal or railroad, with a prohibition to 
any other within ten miles- This proposal 1 rejected, as highly injurious to the in • 
terests of the Territory, and as being calculated to create a monopoly, which we 
should find hanging, like an incubus, upon the resources and energ-ies of our coun- 
try. 

There is nothing more dangerous in a young and growing country than the cre- 
ation of these indefinite corporations. A railroad across the peninsula of East Flo- 
rida is so desirable at this time, when efibrts are making in Alabama and Louisiana 
to establish communications from the Mississippi and the Gulf of Mexico to the in- 
terior and the Atlantic seaboard, without passing through Florida, that I was willing to 
give the sanction of Congress to a company organized under the concurrent acts 
of the Legislature of Georgia and our own Territory simply to make a road ; but I 
shall never give ni}' consent to grant such a privilege to exclude or prohibit any other, 
and thusfijs upon us an irresponsible and indefinite body, with power to burden our 
citizens for the transportation of their produce without limit. 

The experience of other countries has shown the great danger of organized cor- 
porations created without limit as to time, and forming monopolies dangerous to the 
rights and interests of the people. 

That the great line of communication from the northern cities to New Orleans 
must pass through our Territory, must be evident to every man who will carefully 
examine the subject. These lines of communication, from the interior to the Gulf 
of Mexico, will be from Charleston and Savannah, through the inland channel, to 
Jacksonville and Black Creek, and thence to Swanee and Tallahasse; another from 
Augusta, over land, to Chattahoochie, and thence to the Big Spring of Chactawha- 
chie or Cedar Bluff, and the contemplated railroad from Columbus to Pensacola, — 
The immense intercourse from the North and East will give employment to all these 
lines, and induce thousands, who take the circuitous and dangerous passage by sea 
around the peninsula of Florida, to pass through the heart of our Territory. I 
would respectfully suggest, for the consideration of our local Legislature, and the 
people whem they represent, whether it would not be advisable to retain for the Ter- 
ritory or State the right to take a certain portion of the stock by the Government of 
the State hereafter, if it should think proper. It would be well also to require for 
each charter for a railroad or a canal a bonus for granting it, of a certain per centum 
upon its profits, which may hereaftsr pay all the expenses of Government, and free 
the people from taxes for ever. These charters are often obtained upon mere spe- 
culation to soil out the stock, and make large sums upon a sale of a privilege grant- 
ed by the people of the Territory, through their Legislature. 

The laudable desire of the Legislative Council to see our common country im- 
proved, from the most patriotic motives, grant charters to all who apply. Since none 
have been approved by Congress, except the one for a railroad to Columbus, and the 
one from Black creek to Swanee ; since it is apparent that large capitalists desire 
these privileges, it may be well hereafter to secure some advantages to the Territo- 
ry and future State from those who apply. 

The privilege granted to tliis Georgia Company is simply to make a road over 
the public lands, and to take timber, &c. If no charter is granted in Florida, it fol- 
lows that the Company, as to its tolls ahd othor operations, will be subject to the le- 
trislation of the Territory. 



20 

caa annul it. Concrress never approve a charter until it is submitted To the scrutiny 

t.^ for H ;nt,. usual .anLi^a consent:": ri:;^-:Xt;^^^^^^ 

I think this Company, if the stock can be subscribed and the ZTl,Z 
ized, will do well to extend it to the Appalachicola Th.titf? °'"'"^ 
Uavellin, will in a great measure stop, II wtertvi Jat^bl^r '" ""'''' '^"' 

conr;::m::n:;;eis:t;:p:L::i T"r rv?-?;"-^^ 

Z^TuH:: '™°""^' ''' ""'' '"" '"^"^^ ^^'--'"'^ '^^ Giulf win be of great 

power'the'Tnt? 'r^^^'"!;'' ''^'^^'^^^ ^"^""^-^ '" P^'^^-- ^° ^he utmost of my 
Tur Mv mo t ef ^V'^^^'^"•^-^ °'-^^'-'da. to encounter nuicli unmerited oblo' 

Sed ™verte;" ; '"'^""^ '""^^^^ '"^ ^"^'^ ^'^^^^ '^^^^ «f'- been misrepre- 
sented or perverted, and my resistance to or acquiescence in such measures or an 

pomt^ents as I could not influence or control, has been alternately imputed to fl 

t.ous opposition, or grovelling self-interest. This, to a greater or less extent is the 

case with every public man.-Those only who do' nothmg are exempted tcim th 

Its; TrsfinT'-"?"^"^ 'r ^^'"^ ^"^^^^'- '^ ^'^ — b'^ --'^-t of 

actmty Trustmg the vindication of my conduct to time and truth, I have seldom 
repelled any other accusations than such as touched my personal character, keepin" 
Znlr'" " '' ' ""'" "" ""°"'''' """^ "*" ^ '"^"^y b"^ temperate selF- 

I have had the satisfaction of perceiving that this course has been approved by the 
good sense and good feeling of my fellow-citizens ; and however temporary excite- 
ments may, at times, have produced momentary alienation, in the end I have been 
held justified when my reasons were known or the result ascertained 

Thus, my fixed determination not to interfere in general politics, but to confine 
my attention exclusively to the affairs of the Territory, was at one time urged against 
me as evidence of defective public spint or self-seeking irresolution. The event has 
shown conclusively to me, and, I trust, to the people of Florida, that whatever influ- 
ence I have acquired and maintained in the national councils in reference to their 
^ttairs, has been mainly owing to this forbearance. The secret of that dexterity for 
winch ,t IS said even my adversaries give me credit, is simple and obvious. 

t^iving my whole care, time, and labor to ;he business particularly entrusted to mv 
Charge, I made myself mnster of every topic imm^iatelv ronnrrted with vour inte,". 



2\ 

ests; and while spiiring no pains to place your rights, your wishes, and your wants 
in the best and strongest light before the Houses and the committees of Congress, 
individual members, the Departments, the Chief Executive, and even the Judiciary, 
as the nature of the case required, I carefully abstained from any abuse of the confi- 
dence with which I was honored, and uniformly laid before them all the facts and 
arguments necessary to a full and sound understanding of each question, with the 
utmost clearness and impartiality in my power. 

To these causes it is owing that I have been enabled to do so much during a pe- 
riod of strong party feeling, replete with events of great public importance, and un- 
avoidably excluding many matters of deep local interest. Had I departed from this 
course of conduct, my usefulness as your delegate must have been greatly diminish- 
ed, without affording you any adequate indenmity ; for it is not likely that the influ- 
ence or importance of the Territory would have been in any respect increased. The 
only instance in which a sense of public duty has compelled me to resist the course 
of action resolved on by the executive department of the General Government, has 
been in relation to dismissals of honest and competent officers within or improvi- 
dent appointments of persons taken from without the Territory. In that I now 
stand fidly justified by events, even in the minds of those who first condemed me. 

It remains for me to notice only one cause of complaint, too frivolous to be called 
an accusation — my late absence from the Territory. The reasons for this were of 
a character to be appreciated by every generous man, and are known to you all. 

Having been at my post from the commencement of every session of Congress, 
fulfilUng, by the number and success of my exertions, all your reasonable expecta- 
tions, wherein am I delinquent? It has been my pride and pleasure heretofore to 
believe that the kind and j^enerous people who honored me with their confidence 
were accustomed to estimate candidates for public favor not according to the indus« 
try displayed in canvassing for popularity, but according to their ability, fidelity, and 
public services. It is not, it cannot be in the nature of such a people, partaking of 
the gallant cliivalrous spirit of the South, to require personal solicitations, still less 
to exact the abandonment of private duties, or to impute to me my respect for them 
as a fault not to be forgiven. 

I am duly sensible of your indulgence heretofore, ,and have drawn largely upon 
it. The recollection of it has accompanied me every where, and cheered and anima- 
ted me in every emergency. Why should it be denied me now ? My attachment to 
the Territory of Florida has not diminished — my efforts for her benefit have nor- 
relaxed — my interest in her soil and welfare is the same — and, in my absence from 
her shores, I have still labored in her cause, making her advantages better known, 
and urging wealth, enterprise, and industry to engage in the improvement ol her 
agriculture, and the extension of her commerce. 

Whatever may be your decision in continuing me in or discarding me from your 
service, you can never obliterate from my mind the grateful recollection of your past 
favors, nor the proud satisfaction of knowing that I have devoted the best portion of 
my life in endeavoring to promote the interests and prosperity of the Territory of 
Florida. 

Washington, March 1, 1S35. JOSEPH M. WHITE. 



22 

The following is from the Hon. Augustus Steele, Judge of the county of Hills- 
borough, and first published in the Washington Globe, in November, 1831 or 
1832. The Judge acknowledges the authorship in his letter, dated Tampa (the 
county town,) the 27th February last, and promises further interesting information. 

TAMPA BAY— FLORIDA. 

The prospect of a removal of the Indians from East Florida, [the bill has already 
passed and appointments made for their removal theensuingfaliand winter,] is a sub- 
ject which, among other matters of interest and excitement, will naturally direct 
attention to the country about to be vacated. As but little seems to be known on 
this subject, It may be acceptable to those who are desirous of emigratin .. from colder 
to warmer climates, to know what inducements this part of our territory offers for 
their consideration. A residence at Tampa for more than two years, and an ac- 
quaintance with all the oldest settlers in that vicinity, have enabled the writer of this 
to collect tolerably correct information on the subject; and it is the more desirable 
that such information should be made public, from the ciicumstance that erroneous 
impressions are generally entertained of the soil and character of the country. The 
errors that have thus gained belief; have originated in impressions which travellers 
have very naturally received from passing through the country from Tampa north- 
wardly, on the military road— the only public one leading from that place. The 
course ol this road was wisely selected over the highest lands, for the obvious pur- 
pose of obviating the difficulties which the occurrence of low wet grounds and marsh- 
es presented to its construction. Consequently its wiiole course presents to the eye 
of the traveller little else but a continuation of pme lands, unfit for general purposes 
ol cultivation. Those, too, who have made temporary visits to Tampa by water 
have seen but little in its immediate vicinity to convey a very favorable idea of its' 
fertility. From such persons accurate information could not be expected • nor is it 
probable that any of them had any particular interest or object in obtaining any know- 
ledge on the s^ibject. Their observations have been slight-merely passing noUces 
-and their remarks, probably not intended to convey any general impression 

Along the whole western sea-board of Florida, as fur at least as from Appalacliicola to 
the bouthcrn Keys, the coast presents a forbidding aspect. The lands are low 
marshy, and generally unfit for cultivation ; and by reason of the shoals which extend 
al.most the whole distance, there are but lew points accessible to vessels, even of 
small draught of water. Tampa bay affords the only harbor for vessels of heavy 
burthen, along the whole coast from t>t. Joseph's bay to Charlotte Wbor. This 
fact alone is of sufficient importance to claim attention ; and if the country itself be 
desirable, must one day or other afford a mart and depot for extensive agricultural 
and mercantile transactions. 

The soil in the immediate vicinity of this place, as has been above stated, is poor; 
with some exceptions, however, of shelly mixture, well adapted for gardening, and 
which yield abundantly during nearly the whole year, almost every variety of 
garden vegetables. Without these favorable exce,>tions, however, the circumstance 
>f its barrenness affords an advantage in the selection of a site for a populous town 
which cannot be too highly appreciated in h southern latitude-this is, its total ex- 
emption from the usual causes of sickness in such situations. 



' 23 

But, at a distance of from 12 to 15 miles in the interior, an important change is ob- 
served in the quality of the lands ; the soil is good — based in some places with clay, 
at the depth of from 12 to 15 inches deep — and in others, forming large, rich hamocks 
of heavy growth of timber, consisting of the different descriptions of oak, interspersed 
occasionally with hickory and magnolia. These, with occasional intervals of excel- 
lent pine grazing lands, extend east, to the distance of 50 or 60 miks — south, as far 
as the waters of Charlotte Harbor bay, and north and west to a chain of pine ridges, 
over which runs the military road. Westwardly of this road, and at a distance of 
about 25 or 30 miles from Tampa, commence large hamocks. These hamocks em- 
brace the most valuable lands probably of any in the territory, and their produce, 
should they come into cultivation, must find its way to market through the waters at 
Tampa bay — to which, for most of the distance, there are facilities of boat naviga- 
tion. The largest of these hamocks contains about 80,000 acres, which is stated by 
respectable individuals who have explored it to be inferior to none in the Territory. 

The whole of the country here desci-ibed is so situated as to be dependent on this 
place for a market and shipping port, and is of sufficient extent and fertility for the 
support of a large commercial town. 

• But the quality of the lands, the convenience of market, and the facilities af- 
forded by one of the first harbors in the southern country, are far from being all the 
advantages and inducements, which the Tampa Bay country offers to the enterprising 
emigrant. The mildness and salubrity of the climate — its adaptation to tropical pro- 
ductions as well as to those of our country, present new incitements to industry, 
and additional facilities to the acquirement of wealth. The variety of soil which 
the country presents, and ".hich in colder latitudes would have considerable portions 
of waste lands, would be here only productive of greater variety of cultivation. 
Plants introduced from tropical regions, maybe successfullycultivated on the poorer 
descriptions of land with great advantage and profit. — Those described by Doctor 
Perrine as natives of Yucatan, and which are of such great value as articles of ma- 
nufacture, would find here, both climate and soil adapted to their cultivation. Among 
the most important of these is the Airave Sisalana or Sisal Hemp. — The introduc- 
tion of this plant alone, if the above respectable authority may be relied upon, 
would be a source of wealth of more rapid and easy acquisition, than any which 
has been introduced into any part of our country ; and if, agreeable to Humboldt's 
authority, it "has become wild since the sixteenth century, all throughout the South 
of Europe,* the Canary Islands and the coast of Africa," it sufficiently supports 
the Doctor's "decided opinion, that all the valuable species of the same genus, may 
be successfully cultivated in our Southern States." And the fact, that it "is suc- 
cessfully cultivated in the sun of the sterile plains of Yucatan," shows cleariy 
enough that the poorest of our soils would be adapted to its growth. If the state- 
ment of Doctor Perrine may be relied upon, and from the great attention he has de- 
voted to the subject, and the respectability of his character, it cannot be doubted, 
this branch of Agriculture would become valuable. Agreeably to his statement 
361 plants may be raised to the acre; which he estimates to produce seven and a 
half pounds each, giving an annual product of 361 pounds. This at the minimum 
price of New York quotation, (say §200 per ton) gives a result of $27075 to the 



•The fact ii confirmed by a respectable Spanish gentleman now at this place. 



24 

acre — and from the little labor employed in its cultivation, it is evident, that a great- 
er number of acres could be cultivated to the hand, than of cotton, sugar-cane or 
corn. This being the case, whoever will take the trouble to make fair proportion — 
al estimates, will fmd that after making the moet liberal allowances and deductions 
for change of climate, soil, and all possible disadvantages to be anticipated in the 
introduction of an exotic, in no other branch of agriculture can labor and capital be 
half as profitably employed. 

If, then, it be conceded, that in addition to the culture of our own important sta- 
ples, Sea Island and other cottons, sugar-cano, tobacco, &c. (for which a large por- 
tion of our lands are well adapted) these and other valuable plants may be success- 
fully cultivated, no part of our country can hold out greater inducements for the in- 
vestment of agricultural capital. 

To the laboring and industrious classes, the inducements are still greater. The 
wants of life are here more easily supplied than in any other portion of the coun- 
try ; comfortable buildings are erected at very little expense, because the mildness 
of the climate scarcely requires more than a shelter from the sun and rain. — The 
warm and expensive clothing which is required to guard against the rigid severities 
of a northern winter, and which to the poor is a heavy drawback on their industry, 
is here never required. The period of cultivation, which is there limited to a few 
months, is here extended to almost the whole year. The forests are never stript of 
their verdure, and "cattle on a thousand hills," unaided by the toils of man, are fur- 
nished by the bounties of nature. — Our herds require no provisions for their winter 
support. The finest beeves may at all seasons be procured from the range, and 
horses are reared without the expense of either groom or stalls until fit for the sad • 
die or harness. 

The post, or village of Tampa, (as it may hereafter be termed) is situated in the 
midst of an ancient and shady grove of evergreen oaks, and commands a water 
view of more than 1 5 miles. As a site for a town it stands indisputably unrivalled 
in the South. A more inviting spot, or a more delightful climate, can no where be 
found. Open to a broad expansive bay, it is refreshed daring the summer heat by 
the cooling and invigorating sea breezes— the air is elastic and entirely free from 
marshy exhalations or noxious miasma of any description. It is therefore entirely 
exempt from any and all the diseases incident to a southern latitude. 

During the eight years past, in some periods of \thich the population, including 
the troops, amounted to between three and four hundred, most of which was from 
the northern States, not a death has occurred from fever or from any cause con- 
nected with the climate or location. The orange, the lime, the plantain and ban- 
ana, are already in successful cultivation, and yield as delicious fruit as is produc- 
ed in the Havana. The waters of the bay afford us fish in the greatest variety and 
abundance, green turtle, and oysters of the finest descriptions; and wild fowl, ve- 
nison and other game, are, in some of their varieties, at all seasons easily procured. 
Under these various considerations of the subject, it cannot be doubted, that the 
removal of the Indians would be followed by a large emigration, to a country, yield- 
ing on such cheap and easy terms all the comforts and luxuries of life — and while 
new and valuable products of agriculture would add to private wealth and national 
prosperity, a strong arm of strength and defence would thereby be given to a por- 
tion of unprotected country, open in case of war, to every invading foe. A. S. 



25 

The following letter ia from a distinguished citizen of the state of New York, (L. 
C, Esq.) to a friend in Albany. 

Correspondence of the Jllhany Evening Journal. 

Friend Weed : — St. Augustine, Dec. 29, 1834. 

We sailed in the steam ship "Gibbons," Pennoyer, Captain, from New York for 
Charleston, on the 22d ult., and arrived in that city the-asth. On tiie 29th we sailed 
in the steam-boat "Seabrook" for Savannah, taking the in-land passage, formed by 
the numerous sounds and inlets that indent the coast from, Carolina to Florida : and 
which, though disconnected on the map, are united by narrow channels, winding 
past islands through millions of acres of sea-marsh flowed by the tide — an intricate 
navigation, but at this rough season it is preferable to the coastwise, or outside, pas- 
sage. Like Col. Crockett — our steam-boat often " went through tight scjueezing." 
On Sunday the 30th, a few miles south of Beaufort, S. C, we witnessed a sublimo 
and deeply interesting spectacle — a total eclipse of the sun — at the greatest obscura- 
tion, which lasted two minutes. — A thermometer sank several degrees I distinctly 
remember the eclipse of 1806, in our state. — Now, as then, the cattle, fowls, birds, 
&c. retired to rest. It was not as dark now as then : and, in this southern latitude, 
not as cold. During the progress of the eclipse we came to an island plantation (o 
land and receive passengers ; and the swarm of poor negroes at the wharf appeared 
wholly unconscious of the extraordinary event. December 1st, we left Savannah in 
the steam-boat "Florida," for St. Augustine, via the inland passage and the St. John's 
river. It was dark, the boat under full way, and the passengers seated at tea, when 
our boat struck a deserted Augusta flat or scow that lay across our path, level to tho 
water's edge. The jarring crash sent us quickly to the deck, when we heard the un- 
welcome cry — "the boat is sinking!" The accident happened at full tide, within a 
few hundred yards of a field of sea-marsh ; and taking advantage of a full head of 
steam, we ran our boat plump into the marsh. On uncovering the hatches, boxes, 
casks and bales were afloat in 2^ feet water ! Fortunately the injury was forward 
in the bow; and as we succeeded in forcing the boat on nearly half her length, the 
leak was run out of water. On examination, there was a hole stove in the plank of 
her bottom 22 inches long and 7 inches wide : and through the aperture the sea had 
been gushing in. — Ten or fifteen minutes more in deep water, and we must have 
8unk ! The danger was not over : — there was reason to apprehend that with the 
falling of the tide, the bulk of the cargo at the stern and the inclination of the vessel, 
she would slide back into deep water against the forcing of the engine, before we 
could repair the breach. There was no escape through the marsh ; for, besides its 
deep mossy surface, it was separated from the main land by a mile in width of sea. 
There wc lay through the live-long night — our boat balancing on a mud-bar, and 
we between hope and fear. At last the tide fell — our boat was too firmly wedged in 
the mire to fall off, and another morning dawned irpon us. We were invalids in quest 
of health. Is there a heart of all that stood upon that deck, without a grateful recol- 
lection of the Providence by which we were rescued from a watery grave ? We sent 
our small boat to Savannah, but a few miles distant, to procure plank and other ma- 
terials — rt-paired damages and floated off with the next tide. The following morning 
we touched at the city of Daricn, Ga. ; in size and business hardly equal to any one of 

i 



26 

our " inconsiderable villages." Passed the beautiful and thriving little town of Sf. 
Mary's, and Amelia island. It is an old adage—" misfortunes seldom come single -S-' 
to illuatrate its truth, we got aground in a narrow pass, and lay thirty -six hours hi the 
midst of a vast plain of sea-marsh, and in hearing of the roar of (he ocean. To com- 
pensate us for tliis involuntary quaranfine, we caught and ate fine oysters, sea-bass 
and trout. December 5, evening— entered the mouth of the St. John's, territory of 
Florida— a noble river, from three to five miles wide, running parallel with the coast, 
and navigable for hundreds of miles. Its shores are thickly studded with cypress, 
pme, live-oak, &c,; occasionally an orange grove, or a "beginning," relieves the 
gloom of the forest. Passing Jacksonville, we landed at Picolata, seventy miles up 
the river, on the morning of the 6th ; and at 3, P.M., in carriages and on horseback, 
we entered the city of Invalids and Oranges. These last, overhanging in golden 
clusters the high Spanish walls, by the side of which our road lay, reminded us not 
inaptly of the " Yellow Jackets" at the north— very tempting to the eye : but as Maj. 
Downing would say — a leetle out of the reach of the "uninitiated." 

The city of St. Augustine is situated on the eastern shore of the peninsula of Flo- 
rida, in north latitude 29° 45'. It stands upon the bay formed by the junction of three 
tide rivers— the Mafanzas, north, and St. Sebastien's, and is sheltered from the At- 
lantic by Anastatia island. It is of an oblong fonn, intersected by narrow streets that 
meet each other at right angles, and it is opposite the inlet to the ocean at the head 
of the island. The bar at the entrance of the harbor has from 8 to 15 feet water. — 
The castle of Fort St. Mark gives the town quite a military aspect. Its spacious 
walls are of free-stone, forty feet in height, and mounting a large number of heavy 
ordnance commanding the harbor. Its architecture is a mixture of the ancient and 
modern style. Its shape quadrangular, with bastions and ditches, and it will contain 
1,000 men — a Spanish nunnery, in a good state of preservation, is now the canton- 
ment of the United States' troops stationed here. The houses and shops are gene- 
rally built of the remarkable free-stone granite upon the island. The outer wfAls are 
plastered, and have a neat and durable appearance. They are in the Spanish taste, 
thick walls, spacious entries through court-yards : large doors, windows and balco- 
nies, and beautiful gardens and orange groves, surrounded with high stone walls. 

The c ty has a neat public square, in the centre of which is a monument, erected 
to commemorate the Spanish Constitution. Churches, public buildings and a mar- 
ket face the area of the square. The population of the town is from two to three 
thousand— one third colored.— A great proportion of the whites are natives of the city, 
of Spanish, Greek, Italian and French extractions : the residue are from the north- 
ern and southern states, classed by the natives under the sweeping apellation of^ 
" Yankees." The market is abundantly supplied with the choicest varieties of scale 
and shell fish and water fowl and venison and other wild game. 

Anastatia Island, is separated from the main land by a narrow channel ; it is from 
one to three miles wide, and stretches down the coast from 25 to 30 miles. There 
is a light-house erected upon it opposite the city. It is here that the shell-rock or 
free-stone is procured— cut out with an axe of a size and shape to suit; it is quite 
soft, when first quarried, but exposure to the atmosphere soon hardens it. This 
rock is a very great curiosity, and is entirely a concretion of shells, of all sizes and 
descriptions, washed from the bed of the ocean, and forming the substratum of the 
^yhole Island. There is a beautiful and extensive orange grove upon it near the city. 



t>ut it is, for the most part, in a state of nature, and herds of wild deer and other 
jrame have appropriated it for a park. Anastatia is a delightful and romantic re- 
ireat — fit for the pavilion of our woithy ' Host of the Eagle" — worthy to have been 
the birth place of his "Feast of Shells." 

Climate. — From June to October the ordinary range of the thermometer is between 
84 and 88°. The mercury sometimes ri.-es to lOOO, but as seldom as in the adjoin- 
ing states, and probably not as often as in the city of New York. St. Augustine 
and the eastern and southern coast of Florida, is fanned by the trade winds, which 
temper the atmosphere and render the days pleasant and the nights cool and bra- 
cing. December and January are probably the Florida winter months. The pre- 
vailing cold winds in these months are west and north, and generally too bracing 
for weak lungs; but when the wind is in the south or east the invalids walk and 
ride about or bask in the sun. When we first arrived, the weather Vv-as very fine for 
several days. The range of the thermometer was 60 to 64° at 7 P. M. ; 68 to 76° at 
12 M.; 60 to 66° at 7 in the evening. Then came a cold snap. — The thermometer at 
46 to 54 morn. ; 54 to 62 at 12 M. ; 52 to 58 evening; followed bytwo days and nights 
of cloudy rainy weather, and the invalids compelled to keep housed. It then clear- 
ed, and the weather since (for these ten days together) has been delightfully mild 
and pleasant, such as lo satisfy the most fastidious invalids. On Christmas and the 
day preceding and following it, the thermometer was at 64° at 7 P. M.; at 12M.at 78"^; 
at 72° at 10 evening. The summer of the north in the midst of winter! — while you 
I suppose was writing editorials, toasting your shins by the fire, with the jingle of 
many sleigh bells in your ear. I must not forget to tell you that the most fragrant 
roses and other flowers are now in full bloom in the yards and gardens of the city. 
I wrote home to my friends in the rainy seasoii complaining of the weather. In the 
midst of the verdure and foliage of summer, I forgot that it was in fact winter. I 
am now satisfied my prejudices were without foundation ; and take the climate alto- 
gether — its sky of mild azure — its southern breezes and fine air, there is nowhcic 
perhaps on the globe, a more salubrious one than this of St. Augustine. From two 
to three hundred invalids are quartered here, and the number increasing with the ar- 
rival of every vessel. Some from England, Scotland and Canada, but mostly from 
the several states of the Union. Our own "Empire State" is but too well represent- 
ed. There are instances here of remarkable longevity. One in particular is worthy 
of notice — an aged female, a native of Smyrna, in Greece — she cannot tell how old 
she is — all that is remembered is that she was quite an old woman when she came 
to reside here, which was seventy years since. She still wallis about the streets 
and attends the Catholic church. It is related of her that for these twenty years, 
whenever the bells toll the death of any one, the poor old lady exclaims, "ah ! 
there is the death-bell again ; God has forgotten me !" There is an Episcopal, Ca- 
tholic, Presbyterian and Methodist church here, and the service is well attended. 

We had divine service in the Episcopal church on Christmas eve and day. In- 
teresting and impressive discourses from the Rev. Mr, Brown, late of our state, set- 
tled here. The church was tastefully decorated with the dark shining evergreens of 
Florida. 

But one newspaper is printed here — the "Florida Heiald." It is respectably 
edited and has a gradually increasing patronaec. 

The average price of wild lands in the territory is from one to ten dollars per acre. 



23 

There is every variety of soil, but a great proportion of it is pine land, light and san- 
dy and compared with our northern woods and fields, would be pronounced sterile — 
etill if we examine the qualify and quantity of maize, beans, peas, Irish and sweet po- 
tatoes, pumpkins, melons, rice, limes, lemons and oranges it produces, we are com- 
pelled to admit "there is more in it than meets thfi eye." It is admirably adapted to 
fjrazing, nature having clothed the pine lands and savannas with an abundant sup- 
ply of rich and nutritive grass for cattle and horses. It is supposed that the vegeta-- 
ble kingdom of Florida is richer and more varied than any other in the United States.- 
Nothing can exceed the beauty, iuxuriance and grandeur of the shrubs and trees 
that abound in the large tracts of the richer lands. The live oak, so valuable 
for ship building, is found here in great perfection, and the palmetto, date, banana 
and pawpaw trees are e.xquisitely beautiful. Tobacco, indigo, rice, coffee and su- 
gar will be the principal articles of culture in the rich bottom or hammock lands. 
There are already very many sugar and cotton plantations in the territory in a thriv- 
ing condition, profitably conducted; and thousands of planters may still be accom- 
modated with the choicest lands. But oranges engross the attention of our nor- 
thern emigrants; these can be grown on a thin soil, with less capital, less labor ard 
more profit. . These oranges are considered the very best in market in point of fla- 
vor and for keeping well. The orange groves of Florida are her "gold mines," The' 
limits of a sheet will not permit me to dip too far at this time, and 1 1 an only speak of 
the growth of the St. Augustine, to say nothing of the great orange region St. John's 
river. An acre will contain more thali one hundred trees with ease — these will ave- 
rage one thousand oranges each, worth at the grove one dollar per hundred, is for 
the one hundred thousand oranges ou the acre, one thousand dollars. At even fifty 
cents per hundred they will doubtless afford a better profit than any other product of 
the soil. Atpresent the demand for Florida oranges far exceeds the supply ; and there 
are not enough grown here to make them a regular article of commerce. The whole 
export of St. Augustine last year, was but four millions ; the produce of forty acres. 
Forty acres of oranges, wh' re there should have been at this time five thou- 
sand acres. What a commentary on the industry and enterprise of the natives of 
this city and region. Northen men with and without capital, are every day pouring 
in from the north — party after party arrive here, and immediately go back into the 
country to reconnoitre and explore lands, with a view to a purchase and settlement. 
Several gentlemen are now here from our state for the purpose; and numbers of 
the invalids, if so fortunate as to regain their health, decide to settle here. 

This year the city crop of oranges v.as short, and they commanded at the groves 
$1 50 per hundred. A gentleman who owns a grove upon the St. John's, informs 
me that !a?t season he picked from twenty-six trees, fifty-three thousand oranges. 
This occurs but seldom. The second crop is coming on, and will be ripe in Febru- 
ary. There remains on many of the trees a part of the first crop ; and the mixture 
of 'green and gold,' the ripe and unripe oranges, as they hang in clusters side by 
side, on the same limb,is abeautiful sight: and the orange tree itse!f,with its smooth 
orange bark, green polished foliage and conical form, is exceedingly beautiful, it 
blossoms again in February, and its flowers are said to be of surpassing fragrance. 

A'^ricullure here is principally conducted with slave labor. Our northern men are 
in the habit of hiring slaves of their masters. It is no more than justice to the slave 
holder to say, that wherever my observation has extended, the slaves appear well fed, 



29 

well cJothed and kindly treated ; but it is slavery still. In conversin<r with a trenlle- 
nuin* of St. Augustine, a native of New York, who has been here many years, and is 
eminently blessed in " basket and in store," 1 was delighted to find that altho' a slave 
holder, it was in a qualified sense. There is in every instance an existing contract 
for their freedom ; and a majority of his hands, once slaves, are now freemen, draw- 
ing wages. For instance :— he purchases a slave of his Georgia master, and imme- 
diately opens an account with the slave, allowing him fair wages, to be applied to the 
extinction of the purchase money, to the purchaseof his freedom on his own account. 
The prospect of future freedom, surrounded as he is by colored freemen, stimulates 
the slave to the more faithful perfonvance of the labor assigned him ; and if he meets 
with no accident in seven years from the commencement of his contract of service, 
he is free— to go or stay— to hire his services to his late master or to any other, la 
not this admirable, and does it not open a way to the final abolition of slavery ?— 
Many of the blacks here, slaves and free, sustain a good character for integrity and 
industry, and many of them are very devout. I attended a conference meeting on 
Sabbath afternoon, conducted purely by colored persons. It was deeply affecting 
and interesting to hear the " class leader," as each gave utterance to his joys and 
sorrows, exhort them to be " patient in tribulation." 

ShouH mv health improve with the approach of spring, I will write you again. I 
cannot close without a word of advice to invalids laboring under pulmonary afflic- 
tions. The climate of St. Augustine is highly efficacious to those who come in sen- 
son before the disease is deep seated. In those instances where the change is defer- 
red until the disease is evidently in the last stages, the chmate, and the fatigue and 
exertion of the journey, instead of benefiting the sufferer, precipitates his end ; and 
yet vast numbers, without any expectation of living, come here to die ! Adieu. 
Yours, very truly, LOT CLARKE. 



From tke JVetu York Gazette. 
We have been favored with the following letter for publication. It contains a highly 
interesting account of the delightful country and climate of Florida, and cannot 
fail to gratify the reader. The source from which vre receive it, entitles it to im- 
plicit faith; — 
Dear Sir :— Columbia, S. C, Feb. 28, 1835. 

I have just returned from a tour in Florida, exceedingly gratified by the excursion. 
This territory, so recently an adjunct of these United States, has not excited all the 
interest which it deserves among its neighbors— particularly on account of the cli- 
mate, which is at once the restorer of invalids: and with the soil susceptible of pro- 
ducing the fruits of tropical as well as northern climes. For a few days in this month 
the cold was more severe than had ever been experienced before ; but generally in 
winter the thermometer rarely falls to the freezing point, and then only the tropical 
plants suffer. In summer the thermometer ranges from 80° to 90° Fahr. : but with 
this temperature comes a regular, refreshing, and cool sea breeze, which is wholly 
unknown in our Atlantic states. 

There is no high land until you arrive at the Appalache mountains. The face of 

•Dr. Anderson. 



30 

the country isjin-lulating, the liighost parts never exceeding 60 or 80 feet above tl.e 
level of the sea, except m some abinpt and picturesque places. The soil is a rich 
vegetable mould, from 12 to 18 inches deep, upon a foundation of lime-stone, and 
between this sometimes clay or sand. The staple commodity raised is cotton, of a 
quality not equal to the Sea island, but much superior to Uplands. The produce of 
Indian corn is from 15 as high as 60 bushels per acre, according to the lands. There 
are several plantations of sugar, of various success and profit to the owners; but 
many are not sanguine of great emoluments fpr the future from this cultivation. I 
saw several plantations of tobacco, of which the experiments were highly interest- 
mg, as to quality. The orange grows in great profusion already: and I have no 
doubt of seeing the mulberry (white), the olive, the vine, the date, and generally the 
products of France and Spain, introduced here and cultivated to great advantage. 
There is a grass, called the crab, indigenous to the country, which is much appreci- 
ated m grazing; but all kinds of grasses can be produced there, upon the meadows 
or prairies, as amongst the pine woods. Cattle are already in the wildest abundance, 
as are sheep, hogs, fowls, venison, and above all, the wild turkev, duck, and other 
game, of the finest flavor, which you obtain for shooting : while the'sea coast abounds 
m the most beautiful shells, and moreover provides such an infinite variety of the fin- 
est fish, oysters, clams, &c., that you who live in cities can form little idea of the 
fineness and extreme cheapness of food in that delightful country. 

Of the trees of the forrest we could not fail to see°thc eternal pine : which, howe- 
ver, is not there in a barren soil, as in the Carolinas ; the soil there, on the contrary, 
IS very susceptible of cultivation. The sea coast abounds with live oak, for ship 
building : and throughout you find the superb magnolia grandiflora, the most mag- 
nificent laurels, the cedar, hickory, beach, lime, sassafras, black mulberry, and many 
others which I cannot describe to you. 

The rivers are even now most interesting objects ; but what will they be when 
their banks shall be studded with habitations, and vessels floating upon their surface, 
richly freighted— the Appalachicola running far into the state of Geor<^ia, and trans- 
porting already 40,000 bales of cotton for shipment at her sea-port of the same name 
—the Ocklockny, Wacullah, Suwanee, and above all the magnificent St. John's, 
with Its lakes, its islands, and its rapids— unfolding scenery as picturesque as the 
Connecticut or the Hudson, and presenting an unexplored field to the naturalist, of 
the most interesting kind ? 

In speaking o^ioater, I ought not to omit the lakes of this territory, which are of 
singular beauty, and so transparently clear, that, sitting in a vessel upon them, the 
head becomes giddy from the impression that one is in empty air. Another curios- 
ity is found in the natural bndges of this country, where a broad river plunges into 
the earth, and re-ascends to pursue its course at the distance of several miles'. 

Of the towns, the most important in a mercantile point of view is Appalachicola, 
which is rising daily. St. Mark's will bs the seaport of Tallahassee, the capital of 
the Territory, and a rail-road of 18 miles is proposed to unite them. Pensacolahaa 
sunk in population and importance since the Spanish time, and is only now support- 
ed by the United States Navy Yard an i its accompaniments; but symptoms are 
already appearing of rail-roads and other improvements, which are again causino- 
the enhancement of property. Tallahassee contains a great court house, and aboul 
1,000 mhabitants ; among whom are found some pleasing and even elegant society. 



- 31 

St. Auo-ustine, with its fine position, has long been considered as the garden of 
America; and is now, as you know, the resort of the poor inviilid, particularly for 
consumption, from the noithern states. Let these testify to its efficacy in these cases. 
The numerous orange groves are here the beauty and the attraction — the fragrance 
emanating from so many plantations at once, is almost overwheln;ing. 

Internal improvements, as m'cU as for navigation, have made rapid strides latterly 
m Florida, to which Congress has contributed liberally through the active medium 
of the intellig-ent Delegate, Jos. M, White, who is unceasing in his exertions for 
the advancement of the country. 

In Florida, no epidemics are known. Once Tallahassee suffered from an overflow 
of water, which was imprudently allowed to stagnate; and once Pensacola and even 
St. Augustine suffered from the riotous habits of some new comers; but since then 
peace and health are restored, and greater salubrity can be found no where than 
here. In the new settlements only, fevers and agues accompany the felling of the 
woods, as is the case every where. But these are never fatal. 

But I fear I tire you with this long detail, reserving, therefore, what I have still to 
say against our meeting, I am, &c. 



TO INVALIDS.— TAMPA BAY, FLORIDA. 

The subscriber, the ensuing fall, will be able to accommodate comfortably from 
50 to 70 individuals, at $20 per month, at the village cf Tampa, the county town of 
Hillsborough county. 

For a description of this beautiful bay and surrounding country, reference may be 
Tiad to the Evening Post of the 5th March, and Mercantile Advertiser and ISew 
Yotk Advocate of the 1st inst. ; suffice it here to say, that it is healthy at all sea- 
sons, and that persons who have tried it for pulmonary complaints, have been restor- 
ed to health in a short time. — Fish and oysters of the finest kinds, turtle, venison, 
wild turkies, and almost every description of game and water fowl, are to be had at 
all times in abundance. — The beef and pork are deemed excellent. 

It may be said, that a line of steam-boats runs from the city of NewjYork to with- 
in 73 miles of this village. There being a continuance of steam navigation from 
Charleston to Savannah, and from thence to Picolata and Valusia, on the river St. 
John's, and should encouragement be given, the subscriber intends running a stage 
regularly to meet the steam-boat Florida, at Hope Hill, opposite to Valusia. Those 
persons desirous of escaping the rigors of the northern winty, and fond of exercise,, 
either in carriage or on horse-back, or of gunning and fishing, will here have an op- 
portunity of enjoying these delightful recreations in great perfection in the vicinity 
of this pleasant and romantic village, and in a delicious climate. The object of the 
subscriber being to accommodate, with every possible comfort, such persons as may 
be desirous to pass the winter at Tampa, it is requested that application may be made 
to R. S. Hacklcy, No. 65 Broadway, New York, or by mail to the undersigned, as 
soon as may be convenient, that he may calculate on the probable number that may 
visit his house, and prepare accordingly. 

I. B. BENJAMIN. 
Village of Tampa — Tampa Bay, Territory of Florida. 



32 

p. S. The lines of packets to Savannah are Te^ul&T, and the vessels of the fir»t 
class — therefore, persons inclined to take passage direct to Savannah, will there meet 
the stcani-boat Florida. 



SUPREME COURT OF THE UNITED STATES, 

January term, 1832. {Peters^ R^V-, t'- 6, p. 691.) 

United States, Appellants, versus Fer. de Maza t Aredondo & Son. 

Forty-nine pages. The Court gave as a reason why they have extended their de- 
cision to such a length, — That this being a case which will decide all similar ones, 
wherein the United States may be concerned, they had thought it necessary to view 
the whole ground, so far as the United States might be concerned, to prevent future 
litigation. ]\Iany authorities are quoted and cases referred to. 

They decided upon the treaty as valid from \isfirst ratification by the United States, 
22d February 1819 ; and that all grants made by Spain prior to 24th January, 1818, 
or by its authorities having power to grant, are good : and further — that if any grant 
xcas imperfect, and could thereafter be perfected by Spain, this government was bound 
to perfect it so far as the Spanish government could have done so. 

Fraud — an argument used by United States' Counsel. — Such a plea could not be 
permitted to have weight with the Court — the evidence before the Court did not 
show fraud : they must consider the documents good. The United States was bound 
to prove the fraud, if any existed. 

(Quantity. — On this point the Court decided that it was unimportant to them the 
quantity ; they were the last resort both in law and equity, and were bound to decide 
upon both principles, under the 8th article, as they had decided it to be. It mattered 
not to the Court whether the titles were in form of patents, cedulas, or decrees, 
provided the title was perfect, or could have been made perfect by Spain, had she 
continued her sovereignty over the Floridas. The United States was bound to per- 
fect so far as Spain could have done. 

The Counsel for the United States argued, that almost all the large grants bore 
date but a short time previous to the 24th January, 1818, which rendered very doubt- 
ful their validity — the Court had nothing to do with this ; as they conceived the 8th 
article, if not proved otherwise, they were bound to deem all grants good prior to 
that date — they conceived it might be just as proper for them to declare all grants 
excluded by the 8th article valid, as to decide that grants protected by that article to 
be invalid. 



THE CONVENT. 
We understand that those concerned have abandoned the idea of rebuilding the 
Convent in this city or in New England ; and that the Ursulincs will go either to 
Canada or to Florida, at which latter place it is contemplated to purchase a large tract 
of land to be connected with a Nunnery, 



33 

{^Extract from the Report of the Land Commissioners for East Florida, reported to 
Congress January ISth, 1830. — Page 95] 

No. 17. 

PETER MERANDO, Claimant— d68,6i0 acres of Land. 

As this is a large grant, and one which has been ninch spoken of, we shall give 
at length the petition of the party, and the decree of the Governor. 

Senor Governor : Don Pedro Meraudo, second pilot of the launch of the bar of 
this port, with the most profound respect, states to yonr Excellency, That he has 
had the honor to serve his most Catholic Majesty (whom God preserve) from the 
year 1783, when he was employed as a rower in said launch ; in which capacity he 
continued, until, by his distinguished merits and skill, he was appointed to his pre- 
sent employment. Furthermore, yonr Excellency well knows the truth of his good 
management, fidelity and love of the service of his Majesty, proved in divers expe- 
ditions, which, by order of this Government, the deponent made in the year 1795, 
in the rivers of this province, when it was ravaged by the rebels ; and as for such 
remarkable services, and others latterly performed, to the satisfaction of your Ex- 
cellency : Wherefore, ho prays yonr Excellency to be pleased, in recompense of 
what he has set forth, and in consideration of his impoverished situation, to grant 
him an absolute property, eight leagues square, in the royal lands which are on the 
waters of the bays of Hillsborough and Tamjia, in this province, by virtue of the 
royal orders for the granting of lands gratis, to the Spanish subjects, a favor which 
he hopes to obtain from the justice of your Excellency. St. Augustine, Florida 
the 19th of November, 1810— Pedro Merando. — St. Augustine, Florida, 26th No- 
vember, 1810. The merits and services which this party sets forth, being well 
known and established, let there be granted to him on the terms which he solicits, 
the quantity, of land at the points indicated, without injury to a tliird person, and to 
authenticate this grant, at all times, let a certified copy of this memorial be issued 
from the Secretary's office for his security. — White." 

The witnesses examined in this case before the former Board of Commissioners, 
are Gabriel W. Perpall, F. Bethune, James Hall, Antonio Alverez, and B. Segue. 
The only point upon which their examination goes, is the authenticity of the original 
and the signature of Governor White. Perpall says that " it looks like the signa- 
ture of White, but he cannot swear to it." " That, from the finishing of the flourish 
attached to the name, he cannot believe or disbelieve it to be genuine, as the differ- 
ence might arise from the position in which the writer's hand was placed, or from 
some other cause." 

Carrado has never seen the Governor write, and knows nothing about it. 

Bethune does "not think the writing as perfect as Governor White's signature 
usually was, the Governor being remarkable for great precision therein ; but it may, 
nevertheless, be his, as it may have been written when he was unwell." When 
cross-examined, he says, " the Governor died in 1811, and had been indisposed 
several months before his death, but was not confined to his bed." That he had 
seen the Governor sign different decrees, some of which were for land, and some for 
passports, but neither, within a few months before his death." When asked wiiether 
he had seen Governor White write on any other occasion than those mentioned 
4 



34 

above, so as to enable him te acquire a knowledge of the Governor's hand writing, 
he answered in the negative. He says, furthermore, " That the Governor, a few 
years before his death, drank a little hard in the afternoon, though he did not usually 
transact business at that time." The witness, in 1810, lived on the river St. John's, 
and came occasionally to town. 

James Hall was acquainted with the Governor from 1798 until 1810, and has often 
seen him write." When the original was presented to him, he says, " The signature 
of White looks something like the Governor's, but witness had never seen any of 
his writing done so incorrectly as this." That his opinion is formed " from the 
latter part of the name, JHiite, which appears to have been written lower down than 
was usual with the Governor." " That this is the only material difference perceived 
by the witness, though the whole does not appear so correct as he. White, usually 
wrote." 

The above witnesses seem to have been sworn on the part of the United States, 
and those that follow on the part of the claimant. Antonio Alverez deposes, " That 
he is acquainted with the hand writing of Governor White. That he has been a 
clerk in his office, in which situation he has often seen him write. That he entered 
said office in the year 1807, and continued there, with two shght intermissions, until 
the change of flags in 1821," when the original concessions, brought before the 
Board, from the office of the public archives, by the keeper thereof, was exhibited to 
the witness, and he was asked whether he believed the signature " llliitc" to bo 
genuine ; he answered simply in the affirmative. When cross-examined he deposes, 
" That his opinion of the genuineness of the signature is formed both from the sig- 
nature itself and the flourish immediately under it. " He has no particular recol- 
lection of the Ts or Es, in Governor White's name, or the manner in which the 
first was crossed, or the second joined to it, but from the general appearance of the 
signature, believes it to be genuine." He does not believe the E is made totally dif- 
ferent from the manner in which Governor White usually made it, but it seems 
closer to the T than Governor White placed it usually; that the Governor signed 
his name with great uniformity, and he considers the signature regular and uniform." 

The witness knows nothing of the making of this grant. He says that conces- 
sions for lands were deposited in the Government Secretary's office. When asked 
if it was within his knowledge, that, since the time at which this concession was 
made, it had always been in the said office, he adverted to the date of the concession, 
and answered in the affirmative. He furthermore deposes, that vacant lands, situat- 
ed at a distance from St. Augustine, were not considered of much value or im- 
portance about the year 1810; and, to the question of the District Attorney, he 
answers, " That Governor White was always cautious and sparing in granting to 
individuals any part of the public lands." B. Segue " is well acquainted witli tho 
hand-writing of Governor White, having seen him write many times." Witness 
lived in the Government Notary's office, from whence it was his duty, almost every 
day, to carry papers to the Governor for his signature. In this office he continued, 
with a few intermissions, from the year 1800 to the year 1812 or 1813. When the 
grant now under adjudication was presented to him, and ha was asked whether he 
believed the signature to be genuine, he answers, *'that he has no doubt of it." He 
tays further, " that he became acquainted with tho existence of this grant a few days 
»fter it waa made, as ho (the witness) drew the memorial at the request of Mr. Ma- 



35 

rando ; and tliat the lands, situated at such a distance from St. Augustine as those 
granted by this concession, were then considered of very little value. 

On a question of the District Attorney, whether the Governors of this then Pro- 
vince were not regulated in the distribution of lands to individuals, more by the 
principles and rules they had adopted and established for the granting of lands than 
the value of lands granted ? tho witness answers, " That the Governors were re- 
gulated, in the granting of lands, by the merits of the individual, the number of his 
family, or the value of the lands asked for, according to his own discretion." Wo 
have tlius given, at full length, the documentary evidence upon which this claim is 
based, and an abstract of the evidence taken before the Board of Commissioners, 
nearly as long as the depositions themselves, adopting, for the most part, the lan- 
gnage of the witnesses : not that we have deemed tliis testimony at all important to 
the decision of the case, if our decision was final, but it may be satisfactory to tho 
numerous claimants under the pretended grantee. It seems to us strange that the 
name of White should be attached to a grant like this, whose uniform practice and 
unvarying declarations have shewn, in the language of the witness Alverez, "that 
he was always cautious and sparing in granting to individuals any part of the public 
lands." There are many letters of Governor White to the Superintendent at Cuba. 
There are many of his decrees and regulations, in all of which he has invariably de- 
clared, that he would conform to the laws in granting of lands. Nay, more, he has 
by his own act, made those laws more rigorous than they were, and circumscribed 
within narrow limits his own authority. He has said in his letter to the Governor 
General of Cuba, that the regulations of Quesada were too liberal, in granting one 
hundred acres to the heads of families, and one half of that quantity to its members ; 
and by liis (Governor White's) own decree, he has reduced the relative quantity to 

59 and 25 acres. 

If we examine the laws of Spain, we shall see by the laws of the Indies, pub- 
lished in the recent copy of the land laws, page , and in the Royal order of 1754, 

60 much spoken of, published in the same book, for the first time, page : we 

shall find by those laws, that no authority is given for a grant like this. The only 
subsequent decree upon the subject of land, which we have been enabled to dis- 
cover, is the Royal order of 1790, made specially for this Province, That order 
applies exclusively to foreigners ; and it was a matter of courtesy on the part of the 
Governors, to extend its provisions to the native subjects of Spain. It has been 
contended tiiat, by the provisions of that order, there is no fiixed quantity of acres 
named, to which the party should hp entitled ; or, in other words, the power of the 
Governor, upon that subject, is left without limit. Without adverting to the many 
declarations of his Catholic Majesty, made in his Royal orders, of dates both pre- 
vious and subsequent, that lauds should be granted in proportion to the workers of 
a family, or, in other words, that no man should have granted to him more lands 
than he could cultivate ; and, furthermore, that lands should only be given for tho 
sake of cultivation and improvement, and not for the sake of speculation: we might 
admit, for the sake of argument, that the quantity to be granted was left only to the 
Governor's discretion. That discretion has been exercised by Governor duesada, 
in the first place, and afterwards by Governor White. This last Governor, in liis 
letter to the Marquis De Someruelos, the Captain General of Cuba, dated 15th Oc- 
tober, 1803, uses these words: " My predecegsor has assigned on« hundred acres of 



36 

land to the fathers of families, and fifty to each child or slave, whether full grown or 
small, a quantity really excessive, and could only have taken place at that time in 
which there were few strangers who came in solicitude of lands ; but at present 
there are many who come, and, consequently, there would result the greatest injury 
in the improvement of the Province, unless said number of acres be diminished, on 
account of its being more than one individual can cultivate in a year, even divided 
into three parts, for the purpose of giving rest to the lands. Which circumstance I 
have had also present for the deduction which has been made." 

After this, it is impossible for us to believe that Governor White, either before or 
after dinner, ever made a giant of 368,040 acres of land to any individual whatever. 
The grantee cannot claim the land under the laws of the Indies, or the royal orders 
of 1754 or 1790, and we know of no authority vested in the Spanish Governor, be- 
fore the year 1815, to make a grant to any individual for services, however much 
more than Governor W., that governor may have been disposed to be liberal. 

If we look at the grant itself, and take the claim and merits of Merando, as set 
fortli by himself, to be true, how contemptible and ridiculous do they seem, when 
viewed as a basis for a grant like this. P. Merando, second pilot of the launch of 
the bar of this port, promoted by his distinguished merits and skill, from a common 
rower on board of said launch, claims a principahty as his reward. In addition to 
high services as pilot and rower, he represents that he has made some magnificient 
expeditions in the rivers of this province, and then, for his services and his poverty, 
modestly begs for eight leagues square, by virtue of the royal orders for the granting 
of lands gratis to Spanish subjects. 

We will not pronounce this grant a forgery, and dnis debar the party of the rights 
which he may have acquired by the law of 23d May, 1828. We are prevented from 
this by the deposition of Segue and Alvarez ; but we think it our duty to say, that 
we view any grant purporting to be made by Governor White to a larger amount 
than is prescribed by the Royal orders, and by his own regulation, as extremely sus- 
picious. We consider him the most correct Governor who has ever presided in 
East Florida, the most strictly observant of the laws, and the most parsimonious of 
the public lands; and we do firmly believe, that, if his example had been followed 
by his successors, and if his name had never been signed after his death, there would 
now be no confusion in the land titles of East Florida. We furthermore believe, 
that previous to the year 1803, Governor White never made a grant of land more 
extensive than that prescribed by the regulations of Qnfisada ; nor, subsequently to 
that period, more extensive than was permitted by his own. VVe do not believe 
that he has ever yet made a grant for services, nor for any thing other than head 
rights ; that he has never made a grant, when living, of 20,000 acres to one in- 
dividual, whatever he may have done since dead ; and that he has never made a 
grant within the Indian boundaries, within which limits this land then lay. It is true 
that the original of this document, or claim, has been found in the office of the Pub- 
lic Archives, but it is a matter of history, that the papers now deposited there were, 
for a long time after the change of government, most loosely kept and guarded .* 
and it was a matter of equal facility to take a paper out, or smuggle it in. From the 
best evidence we have been enabled to acquire upon this subject, it appears to the 
Board that there were two offices at this place under the Spanish Government : 
The Escribano office, which was regularly kept in books, stitched together in con- 
secutive pages, with all the records closely following each other, so as to make it 



37 

extremely difficult to interpolate a grant. For the records of this office we have higli 
respect ; it seems to have been a place where all grants were recorded when fully 
matured. The other, the office of the Governor's Secretary, was of a dilTereut 
character ; hero, all the papers were in loose and detached sheets, easy to have been 
taken away, or to have had a forged document thrust among them, without tho 
power of detection. This is the office in which all the memorials for lands, with the 
inchoate decree of the Governor, were first thrown; and it does appear to the Board, 
that Uiese first decrees do, in no case, amount to a grant, but barely give to the ap- 
plicant the right to become a settler upon the performance of all the conditions im- 
posed by the law. We will give an exemplification of our ideas: A. B. upon com- 
ing into the province, if he is a new settler, writes his memorial to the Governor, 
and applies for 50,000 acres of land ; the Governor says, " let it be granted, until, 
according to the number of his family, the portion to which he is entitled is allotted 
to him." This paper is thrown into the Governor's Secretary's Office, and, as we 
conceive, is itself no record, and conveys no title. It is a bars iiermission to the 
applicant to settle in the country, and to receive his lands if he shall take the oath 
of allegiance: 50,000 acres if he has workers enough to justify the grant, and 500 
if, by the number of his family, he is entitled to no more. It will not be pretended 
that the party could claim the lands thus granted, if he never afterwards took the 
oath of allegiance, nor can it be pretended that, by the mere grant, as above sup- 
2)osed, the 50,000 acres are conveyed, until some subsequent step is taken by the 
party to consummate his title. In addition to the oath of allegiance, he was re- 
quired to swear to the number of his workers ; and, when this was done, according 
to the number of his workers was the quantity granted, and subsequently surveyed by 
the i^ublic surveyor. Then it was that the documents were all transferred to the 
office of the Escribano, fairly written out in a book of records, and entitled to the 
fullest confidence ; but the loose papers in the Governor's Secretary's office, the first 
memorial and decree, such as we have just described it, do not seem to have con- 
veyed any title, to have been considered any record, or worthy of any preservation. 
It was over this last office that Thomas do Agnilar presided ; it is from this office 
that so many monstrous grants have emanated ; it is from this office that the originals 
of Thomas de Aguilar's certifisates of grants are lost ; and it is in this oHice that 
the original of the grant before us is to be found. It may be, as well from the loose 
manner, in which these documents in the Governor's Secretary's office, were kept, 
as from tho little faith to be attached to Aguilar's certificates, that so many of the 
originals of those certificates are lost; and, if the view which wo have taken of this 
matter be correct, Aguilar may have been a meritorious officer, his certificates per- 
fectly genuine, and the grants which are pretended to be conveyed by them of no 
validity. It is possible that, after making the application for the lands, as certified 
by Aguilar, the party, unable or unwilling to comply with the conditions, had aban- 
doned his intention of becoming a Spanish subject, and a Spanish grantee, and yet, 
having scriipulously preserved the certificate of Aguilar, given at the time when tha 
original, known to be of no value, was thrown away, has come before this Board, 
since the change of flags, and applied for the lands ; and such a case, if it were not 
for the " grant on absolute property," might we deem this of Merando's to be. If 
he had asked for ten leagues square of Governor White, and the Governor had said, 
"■ let it be done in proportion to his family," and Merando had proved that he had 



38 

leOO negroes, or a thousand children, Merando would have been entitled to thn 
amount, however large, which, by the regulations, he could claim for them ; but, as 
he has proved neither the one nor the other, and has never surveyed the land, even 
if the grant be genuine, he can take nothing by a title like this. 



tTRANSLATION.] 

In the borough of Madrid, this twenty-seventh day of February, in the year 
t>nc thousand eight hundred and eighteen, before me, a Notary of the King's Su- 
preme tribunal and public of these Kingdoms, and in the presence of the witnesses 
that shall be named: His Excellency Lord Don Francisco Ramon de Sp6s, Fernan- 
dez de Cordobo y Alagon, Glimes de Brabante, Aragon, Bazan, Martinez de Luna, 
Moncayo Palefox, Herrera Roxas y Guzman, &c. Duke of Alagon, Baron of Sp6s 
and Alfajarin Count of Castelflorido, proprietor and Lord temporal of said Barony 
of Sp6s and tomes of Spds Chirivila and Mongay, and of the Barony of Alfajarin, 
and borough of the same name, and of the towns of Nuez and Farlete, of the Castle 
of Anzano and Pardina de Cureros, and Grandee of Spain of the first class, Grand 
Cross of the Royal and distinguished Spanish order of Charles the Third, and of 
the Royal and Military order of St. Ilermeniqueldo ; Knight of the illustrous order 
of St. Johns of Jerusalem, Commendary of Ademir and Castelfavi in the military 
order of our Lady of Montesa, decorated with the Fleur de Lis of France ; Hono- 
rary Member of the Royal .Academics of Madrid, Saragoza and Valencia; Protector 
of the Royal Canal of Manzanares, Counsellor ex oficio of the Supreme Council of 
War, Gentleman of H. Majesty's Chamber in Exercise, Lieutenant General of tha 
Royal Armies, and Captain, Commander, Inspector, and first chief of the Royal 
Corps of personal Guards of the King, said, that the King, our Lord, (whom God 
preserve) by his royal Decree of the seventeenth day of December, of the year last 
past, one thousand eight hundred and seventeen, was pleased in compliance with 
the prayer of His Excellency, dated on the twelfth day of July of said year, and in 
consideration of his distinguished merit and well proved zeal for the Royal Service 
of His Majesty and His Sovereign person, to grant him in full property for himself 
and his heirs, the uncultivated lands not before granted in East Florida, situated be- 
tween the banks of the River St. Lucy and St. Johns, as far as their mouths, where 
they fall into the sea, and the coast of the Gulph of Florida, and the adjoining Islands 
to the mouth of River HijueJoz, by the twenty-sixth degree of north latitude, and 
alon-' the left bank of the said River up to its source, drawing thence a line by the 
Lake(or Pond) Macaco, coming thence down the River St. Johns to Lake (or Pond) 
Valdes, and d! awing another line from the northernmost part of said Lake (or Pond) 
to the source of the River Amanina, thence persuing the left banks of said River to 
its mouth by the twenty-eigth and twenty-ninth degree of latitude, and going along 
the sea coast and all the adjoining Islands to the mouth of the River Hijueloz, the 
corresponding Royal order having been issued at the Royal Palace of this CoHrt, 



39 

ander date of the sixth inst. signed by His Majesty's owu hand, and counteriiigned 
by Signior Don Estaban Varea, his Secretary of the Supreme Council of the In- 
dies, granting thereby to His Excellency, authority, to irapoirt negroes, free of duty, 
to work and cultivate the land : as it does more fuliy appear from the tenor of said 
Royal order, which authentic, and for the greater validity of what will be hereafter 
mentioned, is here inserted, its tenor being as follows : 

Royal i THE KING — My Governor and Captain General of the Island 
Order. J of Cuba, and its District. The Duko of Alagon, and Baron of 
Sp^p, represented to me in his memorial dated the twelfcth of July of last year, 
what follows : 

Sire : — The Duke of Alagon, Baron of Spds, Captain of the Guards of the Royal 
Person of your Majesty, with the greatest respect sets forth : that it being the 
interest of the Crown to grant to great Capitalists, the uncultivated lands, in order 
that they may be settled upon and cultivated, whence great advantages ariso 
which are fully demonstrated and recommended by all politicians, and there being 
many lands, perhaps the greatest part ia the fertile soil of the Floridies, not in a state 
of cultivation, and your Majesty having the right as absolute proprietor of distribut- 
ing those lands for the benefit of Agriculture, and by way of reward and remunera- 
tion for important services rendered to the advantage of your Majesty, and of your 
whole kingdom. Anxious to obtain this mark of consideration from the magnani- 
mous heart of your Majesty, and of contributing on my part to promote population, 
an object of so great importance to the public welfare: Prays your Majesty, to bo 
pleased to grant him the uncultivated land not before granted in East Florida, sitnato 
between the banks of the Rivers St. Lucy and St. Johns, as far as their mouths, 
where they fall into the se^, and the coast of the Gulph of Florida and adjoining 
Islands to the mouth of the River Hijueloz, by the twenty-sixth degree of north 
latitude, and along the left banks of the said River up to its source, drawing thence 
a line by the lake (or Pond) Macaco, coming thence down the River St. Johns to 
Lake (or Pond) Valdes, and drawing another line from the northernmost part of 
said Lake (or Pond) to the source of the River Amanina, thence persuing the left 
bank of said River to its mouth by the twenty-eighth and twenty-ninth degree of la. 
titude, and going along the sea coast, and all the adjoining Islands to the mouth of 
River Hijueloz, in full property for himself and his heirs, and permitting him the 
importation of negroes, free of duty, to work and cultivate said lands, a favor which 
he hopes to obtain from the natural benevolence of your Majesty. Having taken 
into consideration the purport of this memorial, and paying attention to the dis- 
tinguishod merit of this individual, and to his well known zeal for my Royal service, 
as also the advantages which acrue to the State, from the increase of population in 
the tract of Country which he solicits. I have been pleased to accede to his solici- 
tude as far as it may not be in opposition to the laws of those my kingdoms, and com- 
municating the same to my Council of the Indies in my Royal decree of the se- 
venteenth day of December of said year, for its execution : — Wherefore, I com- 
mand and require you, by this my Royal order, that in conformity with the laws 
touching this matter, you lend the necessary assistance to the execution of said con- 
cession, taking all the measures proper to carry it into effect, without prejudice to tho 
rights of others, and in order that said Duke of Alagon, may proceed immediately 
to carry into execution his design, agreeably to my benevolent wishes in favor of the 



40 

Agriculture and Commerce of said possessions which demand a populatioH propor- 
tioned to the fertility of the soil, aud the defence and security of the sea coast, in- 
forming hereafter of the progress that will be made, it being understood that the 
importation of negroes allowed in said concession, is to be made in conformity with 
the regulations of that trade prescribed in my Royal order of the nineteenth of De- 
cember nit., for such is my will and pleasure. This Royal order shall be registered 
in the Coiitaduria, General of the Indies, Given at the palace, this sixth day of 
February, in the year one thousand eight hundred and eighteen. I THE KING. 
By the command of the King our Lord, Esteban Varea, Fees Seventy rials 
Plate, Four flourishes, Duplicate — To the Governor and Captain General of 
llie Island of Cuba and its District, that he may talce proper measure to render 
eflectual concession granted to the Duke of Alagon, of certain lauds situate in 
East Florida, and the rest herein expressed, corrected, one flourish, registered in 
the Contaduria General of North America, Madrid, this sixteenth day of February, 
in the year one thousand eight hundred and eighteen. 

JOSEPH TEXARDA. 



It agrees with the original, which was for the purpose presented to me by His Ex- 
cellency Lord Duke of Alagon, to whom I returned it, which I attest, and to which 
I refer myself: In testimony thereof, I, the undersigned Notary of the Supreme tri- 
bunal of the King our Lord, and Public of those Kingdoms, and one of the quorum 
of this Court, do give and sign these presents in Madrid, this twenty-seventh day of 
February, iu the year one thousand eight hundred and eighteen. 

D. ROMAN LORENZO CALBO. 



It agrees with the original which remains united and incorporated to this instru- 
ment in the register thereof, enrolled at my oflice, which I attest, and to which I 
refer myself; eonsequently his Excellency not being able, both from the weighty 
matters which are committed to his care, and occupy his attention, and his constant 
service immediately about the Royal person of Hia Majesty, to go personally to take 
possession, assume the management and administration himself, direct and devise 
proper means to carry into full and complete effect, the resolution of His Majesty, 
clearly manifested in said Royal order of the sixth inst. has determined after mature 
consideration, to commit this important business to some one, in whom he may have 
full and entire confidence, and such being the case with regard to Don Nicolas Gar- 
rido, at present residing at this Court, both from his integrity, and his information 
and talent?, he has accordingly made choice of him for the execution of the busi- 
ness, and by these presents, His Excellency knowing and exercising his right, has in 
the most legal manner agreed to grant, and by these presents does confirm and grant 
the most complete and general power, which by law may be required for the purpose 
and matters which will be hereafter mentioned, unto the said Don Nicolas Garrido, 
in order Uiat in the name of the Lord Duke, or Alagon, his constituted and repre- 
senting his own person, rights and actions, may repair to the place, and make appli- 
tion to His Excellency the Captain General of the Island of Cuba, Governor of the 
Havana, Intendant Governor of Florida, and other authorities, Ministers and Jus- 
ticas of those Dominions, to whom it may appertain, and after obtaining their assent 



41 

and permission, as it is fit to proceed, in conformity with the laws there in force to 
take actual possession in fact and in due form, for the uncultivated lands which His 
Majesty has been pleased to grant in full property to His Excellency for himselfand 
his heirs in East Florida, in the above mentioned Royal order, and which lands aro 
situate between the banks of the Rivers St. Lucy and St. John's as far as their mouths, 
where they fall into the sea, and the coast of the Gulf of Florida, and the adjoining 
Islands to the mouth of the River Hijneloz, by the twenty-sixth degree of north lati- 
tude, and along the left bank of said River up to its source, drawing thence a line by 
the Lake or (Pond) Macaco, coming thence down the River St. John's, to Lake (or 
Pond) Valdes, and drawing another line from the northernmost part of said Lake (or 
Pond) to the source of the River Amanina, thence pursuing the left bank of said 
River to its mouth, by the twenty-eighth and twenty-ninth degree of latitude, and 
going along the sea coast, and all the adjoining Islands to the mouth of the River 
Hijneloz, and directly after said Don Nicolas Garrido, shall himself assume the man- 
agement ' and administration of said lands, taking proper measures for the most 
prompt opening and clearing of such parts and places as he may deem most neces- 
sary and fit for settlements ; he is likewise to adopt the most energetic and suitable 
measures to make in the shortest time possible, a beginning to the settlement, endea- 
voring to promote progressively the increase of the same, as also the building of 
Houses, and introduction of Mechanic trades, in which His Excellency will receive 
the most complete satisfaction, as he will see thereby, the just and wise views of 
the King our Lord accomplished. Likewise-, His Excellency grants and confers full 
power and authority to said Don Nicolas Garrido, to introduce in the name and 
behalf of His Lordship, to import the negroes necessary and indispensible for the 
cultivation of said Lands, which importation shall be free of duty, agreeable to what 
His Majesty has been pleased to provide in his Royal Order of the sixth inst. as also 
to eff-ect sales, and alienate such parts of the above mentioned lands as he may think 
proper, conveying the same to any person or persons, companies, or bodies cor- 
porate, that he may think fit, for such sums, stipulating such manner of payment 
and instalments, as he may deem most useful and advantageous to His Excellency's 
rights said Garrido being authorised to grant upon this, as upon any other matter 
touching the premises, such bills of sale and instruments of conveyanee as maybe 
required, introducing in them such clauses, agreements, conditions, terms, and cir- 
cumstances, as in his judgment, will be mostcasonant with the intentions of H.3 
Excellency which instruments of conveyance with all the terms and conditions 
therein contained His Excellency the Lord Duke from this time approves of, sanc- 
tions and ratifies, in the same manner as if they were granted and executed by him- 
self, were he present, in consequence of the great confidence and full trust which 
he reposes in said Don Nicolas Garrido, who is to act according to the usage, cus. 
toms and practice of those coumries, and in conformity to the laws which may prevail 
in them, as also with the Royal Order, dated the sixth inst. which has been herein 
inserted, and agreeable to the orders and instructions which His Excellency will in 
consequence of its tenor, furnish him with in any letter or letters, which shall have 
the same utility and force, as if they were expressly and verbatim inserted m this spe- 
cial and general power of attorney ; and His Excellency also authorises him to 
substitute this power, at His Excellency's own risk, in one or more persons, for 
the particular and only p.npo-se of managing and making settlements upon th« 



42 

said Luiida ; and to make said substitutes, and name new ones. His Excellency 
moreover "ivea him power to demand and examine all accounts from any 
person or persons, companies, liodies corporate, .or corporations, or from any 
other from whom such accounts may be rightfully demanded, charging whatever 
in his opinion he may have a right to charge, simply approving said accounts' 
whenever he may find them just, and not being so, make the proper objection to 
them which he will support until the cause be removed, appointing one or more 
accomptants, and an umpire in case of dissention, or acting judiciously in case of 
contumacy, giving receipts for any sums paid to him, or signing any other document 
that may be required of him for the security of those mailing such payments for 
themselves, or in behalf of others, in full proof of the sums so paid, which by the 
present clause shall stand good, for which purpose the laws touching the matter, if 
opposed to this intention arc heraby revoked. He is further authorised in all matters 
and cases, where he will not be able to come to a settlement and simple adjustment 
with any person, corporations or authorities, to have reference to arbitrators, and 
friendly compromises, requiring of the other party to do the same, and binding him- 
self to abide by, and submit to the award, judgments, penalties, and divisions of 
such arbitrators, and finally he is hereby empowered and authorised in case he should 
find it necessary, in the transaction of this business, thus committed to him, or any 
part of it, to sue, to sue in the name of His Excellency, to do so before any superior 
or inferior Court or tribunal, having ecclesiastic, military, or civil jurisdiction, as 
the case may require, writing and presenting such petitions, memorials, remon- 
strances, requisitions, citations, oppositions, witnesses, instructions of writing, ob- 
jections, contradictions, claims, and their replies, protests, affidavits, and recusations ; 
when upon the proof or otherwise, to bring forward whatever he may think useful 
and favorable to the rights of His Excellency. To demand executions, arrests, en- 
largements, seizures and releases of property, sales, transfers, auctions, with the 
right of possession, to attend to decrees and sentence, whether interlocutory or defi- 
nitive, and to assent to such as are favorable, and appeal when they be adverse, 
whenever such an appeal will be under the law, and following up such an appeal 
through the diff"erent formalities and tribunals, to apply for and try to obtain Royal 
provisions, orders, and all kinds of resolutions, which he will endeavor to carry into 
full and complete execution ; and in conclusion, he is authorised to do and perform 
all other acts in the name of His Excellency, and to adopt whatever measure and 
steps be necessary, judicially or extrajudicially, and all such as the Lord Duke grant- 
ing this power, would himself adopt, were he personally present, for His Excellency 
grants and confirms on Don Nicolas Garrido, the special and general power which 
he may require for all these acts, without any limitation, with all incidents, depen- 
dencies, things annexed and connected, giving him in all cases the full, free and 
general administration, with an exoneration on his part, and an obligation on the 
part of His Excellency to confirm all his acts ; His Excellency submitting to the 
Justice, and competent authorities, having jurisdiction o\er such cases as may occur, 
and he subjects himself to the jufisdictiou and authority of all, and each of them, 
renouncing at the same time his privileges, his own jurisdiction, domicil, laws, im- 
munities and rights making in his favor, includiug the general law upon this matter. 
His Excellency also gives him power to name, substitute and substitutes in suits and 
legal proceedings, and to revoke at pleasure substitutes, and appoint others. It was 
thus ex«cuted, granted and signed by His Excellency, whom I attest, to know per- 



43 

•onally, ia the presence of the following witnesses, to wit: Don Vicente Murilfo y 
Montes, Don Lorenzo Linares, and Don Hilarion de Baraza, inhabitants and resi- 
dents of this court ; P. El Duque De Alagon, Baron De Sp^s. 

Before me, Roman Lorenzo Calbo. — I, Don Lorenzo Calbo, Notary of the Si;. 
preme Council of War, of the King our Lord, of the CollecUon General of Spoils 
and vacancies of the Kingdom, of the corps and troops of the Royal Palace and its 
jurisdiction, particularly Commissioned in the Royal Canal of Manranares, Notary 
Public to these Kingdoms, and one of the illustrious quorum of this Court, do attest 
to have been present, and I make my signum crucis, and sign these presents in 
Madrid, this fourth day of April, in the year one thousand eight hundred and 
eighteen, in a sheet of jiajier of the stamp No. 2, and the inside sheet of the stamp 
No. 4, which paper is likewise used in the Register. 

(Signed) 

I Signum Crucis. 1 ROMAN LORENZO CALBO. 



LEGALIZATION. We the Notary Public and of the King our Lord, and of 
the illustrious quorum of this Court, who make our Signum Crucis and sign these 
presents, do testify and attest, that Don Roman Lorenzo Calbo, who has executed 
and signed the preceding document, is what he styles and calls himself, that he is 
faithful, loyal, and entitled to full confidence, and that full faith and credit is, and 
has always been given to all instruments of writing done and authorised by him, 
whether considered judicially or e.xtra-judicially : In testimony whereof, we give 
these presents, to which we have affixed the sea! of our said quorum, dated set setro. 

(Signed) 

I Signum Crucis I JOSE VARELA. 



Signum Crucis. | ZACARIAS DELGADO. 



Signum Crucis. 1 JULIAN JUAN DE LA CRUZ MELGAR. 



Seal of the 
Q,uorum. 



I, Don Santon Sanchez, of his Majesty's Council, his Secretary, first Clerk of the 
Secretary Otfice of the Royal and Supreme Council and Tribunal of the Indies, 
with regard to New Spain, Certify : That the preceding power of Attorney, granted 
by His Excellency Lord Duke of Alagon, to Don Nicolas Garrido, a resident of this 
Court, having been examined by their honors of said Supreme Council of the Indies, 
in their session of this day, they have been pleased to authorise said act in the usual 
form. In testimony whereof, I sign these presents in Madrid, this fifteenth day of 
April, in the year one thousand eight hundred and eighteen. 

(Signed) SANTON SANCHEZ. 

I, Antonio Argote Villalobos, Esq., His Catholic Majesty's Consul, resident in the 
city of Charleston, do hereby certify, that the preceding is a faithful and literal trans- 
lation of the original Spanish hereunto attached. 

In testimony hereof, I have hereunto set my hand and affixed my seal of office, 
this eleventh day of March, in the city of Charleston, in the year of our Lord one 
thousand eight hundred and nineteen. 

(Signed) ANTONIO ARGOTE VILLALOBOS, 



44 



Jln ^'ict to Incorporate the East Florida Rail-road Company, 
Sec, 1. Be it enacted by tho Governor and Legislative Council of the Territory of 
Florida, That Thomas Penney, John Binney, Samuel S.Lewis, Daniel D. Broad- 
head, Amos Binney, J. B. Danforth, J. Kettelle, John Henshaw, George Hallet, 
John Brovi^n, Francis J.Oliver, Stephen White, C. W. Cartwriglit, James C. Dunn, 
Jonas L. Sibley, Mark Healey, Edmund Monroe, L. M. Parker, Joseph L. 
Smith and A. M. Frink and their associates be, and they are hereby incorporated 
by the name and style of the East Florida Rail-road Company, and by that name, 
all who shall become subscribers for stock, and members of said Company, their 
heirs, successors or assigns, shall be capable in law, to purchase, receive, retain and 
enjoy to them and their heirs, successors, or assigns, any lands, tenements, goods, 
chattels and effects, of what kind soever necessary to carry on the concerns of the 
Company, and making and maintaining said road ; and the same to grant, sell, mort- 
gage, and dispose of; to sue and be sued, plead and be impleaded, to make a com- 
mon seal, and at pleasure to break or alter the same; to ordain, establish, and put 
in execution, such by-laws and regulations as may be deemed necessary and expe- 
dient for the government of said corporation, not being contrary to the constitution 
or laws of the United States, or laws of this Territorj'. 

Sec. 2. Beit further enacted. That the capital stock of this Company shall 
not amount to more than five hundred thousand dollais, to be divided into shares of 
one hunred dollars each, books of subscription for wliich, shall be opened on the 
first day of May next, at Boston, (Mass.) under the superintendence of .Samuel S. 
Licwis, John Henshaw, David Henshaw, J. B. Danfoith and Stephen White, — at 
St. Augustine, under the superintendence of Benjamin A. Putnam, Charles Down- 
ing, Peter B. Dumas, Joseph S. Sanchez and John M. Hanson, — at Tallahassee, un- 
der the superintendence of James Gadson, Benjamin Chaires, John G. Gamble, 
Wm. B. Nutall and Abraham Bellamy, — at Appalachicola, under the superinten- 
dence of E. J. Wood, Thomas Penney, E. J. Hardin, G. J. Floyd and Wm. G. 
Porter, — at Jacksonville, under the superintendence of James Dell, Joseph B. Lan- 
caster, J. D. Hart, Stephen Eddy, E. Williams, M. K. Pinckston and John W. Ri- 
chard, jr. — at Marianna, under the superintendence of Peter W. Gaiitier, Duke W. 
Horn, Jacob Robinson, Thomas Orman and Richard'L. Watson — and atPensacola, 
under the superintendence of Joseph Licarr, Edward L. Drake, John Campbell, 
Charles C. Keyser and G. W. Barkley, commissioners under this Act, any three of 
whom at the places designated, shall be competent io receive subscriptions for stock : 
Provided, that the persons named in Sec. 1. of this Act, and their associates, shall 
have the right and privilege to subscribe for, and own by precedence, two-thirds of 
the capital stock as aforesaid, at their discretion. And the books shall be kept open 
for thirty days, at the expiration of whicli time they shall be closed ; and if, alter the 
above subscription of two-thirds, it shall appear that the remaining subscriptions 
taken up have caused the whole subscription to exceed five hundred thousand dol- 
lars, the excess shall be deducted from such remaining subscriptions, pro rata. If on 
the contrary, it shall appear that a less amount than five hundred thousand dol- 
lars has been subscribed, it shall be competent for such commissioners as are here- 
inafter constitxited a provisional directory, or the President and Directois of said 
Company to cause books to be opened from time to time, at any places they may ap- 



45 

point, and under the superintendence of such agency as they may choose, until the 
subscription be filled, or until so much be subscribed as they shall deem necessary 
for the prosecution of the work. Provided, however, that the capital stock may be 
increased to one million and a half of dollars, if the Company shall hereafter deem it 
necessary. 

Sec. 3. Be it further enacted, That there shall be paid upon each share of the 
stock, five dollars at Llie time of subscribing, and five dollars within at least six months 
after the fiist closing of the books, and the residue at any time, at the discretion of 
the President and Directors, by giving sixty days' notice previous to a call for any 
instalment, by advertisement in three or more newspapers published in this Territory, 
and one or more at Boston, Massachusetts, or at such other place or places as books 
may have been opened ; and if any stockholder shall fail to pay within ten days after 
the time designated the amount of such instalment, the stock upon which the delin- 
quency occurs shall be forfeited to the President and Directors, to be disposed of at 
their discretion, for the use and benefit of the Company; the purchaser of such stock 
becoming subject to the same conditions and regulations as the original holder; or 
the President and Directors may sue for and recover the amount in arrears, with 
damages. 

Sec. 4. Be it further enacted. That each share purchased and held in the stock 
of the Company shall be enlitled to one vote upon all questions submitted at any le- 
gally convened meeting of the Company, which vote may be exercised either person- 
ally or by proxy; and every stockholder not in arrears shall be eligible to be chosen 
a Director, but no stockholder who shall be in arrears shall vote or be eligible to office, 
or receive any dividend while he shall so continue. A majority of votes shall deter- 
mine all questions and elect'ons. 

Sec. 4. Be it further enacted. That this Corporation shall be governed by twenty 
Directors, who shall be elected by the stockholders at the first organization of the 
Company, they choosing a President from their own body at their first meeting , and 
the directory so elected shall meet and be qualified for oflice by taking and sub- 
scribing each an oath or affirmation in writing, administered by some competent au- 
thority, to discharge faithfully the duties of his office; and the same shall be fiKd bv 
the Secretary ; and the directory so formed phall continue in office until the first Mon- 
day in February, ensuing, and on that day, and annually thereafter, sixty days pre- 
vious notice being given by the President, or his order, by public advertisement, in 
manner as described in section 3, there shall be elected twenty Directors, who shall 
enter upon office under the same provisions as at the first election, and in like man- 
ner elect their President, and the President and Directors for the time bcinof shall 
be competent to make, alter, and amend all by-laws, rules, and regulations for the 
government of this Corporation, subject to revision by the stockholders in general 
meeting, and to create and fill all necessary oflices, make all appointments and re- 
movals, and manage the entire affiiivs of this Company, minutes of their proceedings 
being regularly recorded, and held subject to the examination of the stockholders 
during office hours. INot less than nine members of any directory at its first meetinc 
subsequent to their election shall be competent to choose a President ; but at all other 
meetings five members shall constitute a quorum, and the first meeting of any new- 
directory, including the first, shall always be held within five days after their election. 
It is provided, however, That if from any cause w hatever, there should at any time 



46 

be 110 election of Directors, the Cc poration shall not for that cause he dissolved ; but 
the Directors then in office shall continue in office, and have power over all concernB 
of the Company until a new dir.clory shall be qualified for office; and in any case 
where delay may arise in the formation of a new board after any election, the old di- 
rectory shall continue to act until they are legally and officially superseded ; and if 
any vacancy shall occur by resignation, removal, or death, it shall be competent for 
the President and Directors in office, or a quorum of the same, to fill any such vacancy 
from the body of the stockholders. 

Sec. 6. Be it further enacted. That when the directory first chosen under the 
provisions of the prpceding section, shall have entered upon office, the commission- 
ers appointed as hereafter, a provisional directory shall forthwith deliver to the said 
directory, or their secretar)', all boolvs and papers in their custody, and shall render 
and settle their accounts of expenditure, and thereupon their functions shall cease, 
and shall devolve upon and be exercised by the Board of Directors, who shall have 
authority to keep open the books of subscription for stock, as elsewhere provided: 
and it shall be incumbent on the commissioners in this Territory, to cause the amounts 
received by them for subscriptions of stock to be deposited in the nearest solvent and 
creditable bank,immediately after the closing of the books : and to obtain a certificate 
from the cashier of said bank, (which may be duplicate,) that the amount is held at 
the credit of the "East Florida Rail-road Company," which certificate shall be trans- 
mitted to the directory, or the provisional directory, as the case may be, wliich pro- 
visional director)' shall themselves be subject to this rule, and shall file orhand over, 
aa the case may be, such certificate. 

Sec 7. Be it further enacted. That when the books of subscriptions are first 
closed, the commissioners appointed at each place in this Territory, or any of them, 
shall immediately thereafter transmit by mail, and duplicates by succeeding mail, to 
the commissioners in Boston, Massachusetts, authenticated copies of the sub criptions 
made at their respective places ; and if it shall appear that an amount equal to one 
third part of the capital stock has been subscribed at all the places where books 
were opened, then the commissioners last named shall within ten days thereafter 
call a meeting "of the stockholders to choose a directory, by giving thirty days' 
notice by public advertisement in three or more newspapers published in this Terri- 
tory, and one or more at Boston, Massachusetts; but until an amount equal to one 
third part of the capital stock be subscribed, the commissioners at Boston, as afore- 
said, shall act as a directory for the management of the concerns of this Corpora- 
tion, any three of whom may form a board, choosing their own chairman, and ap- 
pointing or removing their agents, and making such regulations as they shall deem 
expedient, and suppl^-ing vacancies in their own body, by death, absence, or refusal 
to act ; and they are hereby enjoined and required to supply all such vacancies, 
without delay, that the business of this Company be not liindered or impeded ; and 
they shall so continue to act as a provisional directory until the said amount of one 
third part of the capital stock be subscribed, when they shall proceed to call a meet- 
ing of the stockholders, in manner, and for the purposes as before directed in this 
section. 

Sec.^8. Be it further enacted, That the stock of said Corporption shall be 
transferable and assignable under such rules and regulations, and subject to such 
restrictions and co sditions as the B^ard of Directors may from time to time esta- 
blish, and that the ^p.me shall be deemed personal piop?rty. 



47 

Sec. 9. Be it further enacted, That the said Company have the riglit and privi- 
legeto construct a Rail road, of one or more tracks, through the Territory of Florida, 
from any point on the St. John's river or its tributaries, or south and east of said river, 
to the Gulf of Mexico, or waters emptying therein : to connect by this means the wa- 
ters of the Atlantic ocean with those of the Gulf of Mexico, together with the right 
and privilege to own steam-boats and vessels, and piers, wharves and docks, and no 
charter shall be granted by the Legislature of Florida conflicting with the rights and 
privileges hereby granted : Provided, That nothing herein contained shall be con- 
strued so as to warrant this Company to interfere with the route of the "Florida 
Peninsula and Jacksonville Rail-road ;" but the Company may, with the consent of 
the "Florida Peninsula and Jacksonville Rail-road Cornpany," connect their road 
with Jacksonville, in this territory, or adopt the route secured to that Company by 
their charter, or make any other compact or arrangement with that Company which 
may be mutually agreed upon. 

Sec. 10. Be it further enacted, That the said Company are empowered to make 
lateral or branch roads from the main one, to any point or points in the Territory of 
Florida, where it may be deemed important to extend such facilities : Provided, That 
the same shall not interfere with any routes for which charters have been already 
granted ; but in such event the parties may compromise and agree upon any mutual 
grounds of accommodation. 

Sec 11. Be it further enacted. That the said Company by its President and Di- 
rectors shall have power to purchase with the funds of the Company, and to place on 
said Rail-ioad, all machines, wagons, vehicles, cars, carriages and teams of any des- 
cription whatsoever, which they may deem proper and necessary for the purposes of 
transportation. — All such iiiachines, wagons, vehicles, cars, carriages and teams, 
and all the works constructed under the authority of this act, and all profits which 
shall accrue from the same, shall be vested in the respective Shareholders of the 
Company for ever, in proportion to their shares, and the same shall be exempt from 
any public charge or tax whatever; and they are hereby authorized, at those points 
in the line of their Rail-road, where it may appear to them important for the accom- 
modation and business of the road, to establish depots and ware-houses, or any other 
necessary and convenient houses and buildings, to be used by them for all purposes 
of the said road, or to be disposed of by them, when it may be necessary; and to 
charge and receive for the storage of produce, merchandize and other articles, at such 
ware-houses or other buildings as they may find it necessary to construct, rates not 
exceecing the ordinary ware-house duties. 

Sec. 12 Be it further enacted, That in constructing the said Rail-road, it shall 
be lawful for the said Company, by its President and Directors, or by its proper agents 
or servants j to enter upon and takv possession of any land whatsoever which may 
be necessary for the completion of the work contemplated by this act : Provided, 
That no land shall be taken from private individuals or corporations, and appropria- 
ted to the purposes aforesaid, without compensation to those owning the same ; and 
it shall and may be lawful for said Company, in like manner, to take from any land 
convenient to said Rail-road, at all times, such lumber, stone, or other materials, as 
may be necessary for the construction of and keeping in repair said Rail-road : 
Provided, That nothing belonging to individuals shall be taken without adequate 
compensation, to be determined in the manner hereinafter provided. 



48 

Sec. 13. Be it further enacted, That whenever it shall become necessary for the 
said Company to take possession of and appropriate or use any land, timber, stone, 
or other materials, owned by private individuals or corporations, for the route or site 
of said Rail-road or works, or for constructing or keeping in rejiair the same, or any 
part thereof, and the parties do not agree on the value of said land, stone, or materi- 
als as may be so taken and appropriated, it shall and may be lawful for the President 
and Directors of said Company, or their proper agents, on giving ten days' notice, at 
least, in writing, to the party owning the same, or to his, her or their agent, that ap- 
plication will be made to the judge of the superior or county court, for a writ of ad 
quod damnum, which shall be granted, and directed to the sheriff, to summon five 
disinterested persons, house-holders, of lawful age, to meet and value said property 
on oath administered by any justice of the peace, whose duty it shall be to attend in 
person said inquest, and receive their report; the amount thus fixed upon by said 
valuation, the said officer shall receive from the said President and Directors, or their 
proper agent, and pay the same over to the person or persons entitled to receive it, 
and to take an acquittal or refusal of the same. On this tender of the sum awarded 
to the party entitled to receive it, or to his, or her, or their agent or attorney, it shall 
be lawful for said Company, or their President and Directors or their agent, to enter 
upon and take possession of, and use, any such land, timber, stone and other mate- 
rials ; but all the expenses and costs incurred by the writ of ad quod damnum shall 
be paid by the President and Directors of said Company: Provided the appraisers 
shall not be allowed more than three dollars each per day while engaged in such du- 
ties : Provided, That if any person or persons shall purchase or appropriate any of 
the public lands over which the Rail-road shall pass, after the same shall have been 
surveyed or located, then, and in that case, the said Company shall not be required 
to make compensation for any of the said lands, timber, stone, or other materials, 
which it might be necessary to take from the same for the use of said road. 

Sec. 14. Be it further enacted. That all property so assessed and paid for by the 
President and Directors of said Company, or their agents, agreeably to the provi- 
sions of this act, and all donations made to and for the same, shall for ever afterwards 
belong to and become the property of said Company, their heirs, successors, or as- 
signs, in fee simple, in proportion to the shares owned respectively. 

Sec 15. Be it further enacted. That any Stockholders of said Company may 
and shall have a right to dispose of and transfer his, her, or their interest in the same, 
or any part thereof, to any other person or persons, or any corporation, which said 
transfer shall not be binding,nnless entered on the books of the Company : Provided, 
That nothing in this act shall be so construed as to prevent the members of said Com- 
pany from using the property and dividends that may be declared upon said stock 
to his, her, or their individual purposes. 

Sec 16. Be it further enacted. That the President and Directors of said Compa- 
ny shall have a right to demand and receive such prices and sums for transporting 
by their own means and carriages on said Rail-road, passengers, produce, goods, 
and all other articles whatsoever, as may be from time to time authorized by the by- 
laws of said President and Directors for said Company: Provided, That such prices 
and sums shall not at any time be increased without, at least, thirty days' notice, in 
a public print or prints in the Territory ; and the said Company shall continue to 
receive such prices and sums for the transportation of passengers, produce, good?, 



49 

and all other articles whatsoever, as may be prescribed by the By laws of said Com- 
pany so lono^ as the said Rail-road is kept in operation: Provided the said Company 
become Tsponsible for any damages which said passengers, produce, goods, and 
articles of whatsoever kind may receive in transporting the same on said Rail-road, 
saving and excepting such damage or hurt as is caused by unavoidable accident, or 
which shall be a proper risk of insurance ; and all produce, goods a:rd articles, of 
whatsoever kind, transported or conveyed on said Rail-road, shall be liable for said 
transportation, and may be detained until the same be paid and discharged; and if 
the same be not paid, and if such goods, produce and articles remain in possession 
of the Company for the space of twenty days, they shall be sold at public auction : 
and after the expenses of transportation, storage and auction charges shall be paid, 
the remainder shall be handed to such person, persons, or corporation, or their agents, 
who shall be entitled to receive the same: Provided, That when the tolls upon said 
road shall have paid the Stockholders the full amount of its cost, together with all 
expenses, the Company shall then pay two per centum on all profits over ten per 
centum into the treasury of this Territory. 

Sec. 17. Be it further enacted. That the said Rail-road Company shall, at all 
times, have the exclusive right of transporting or conveying persons, goods, produce, 
or articles of any description on said Rail-road to be by them constructed, while they 
may see fit to exercise such exclusive right : Provided, That if the said Company 
shall think proper, they may rent or farm out all such exclusive privilege to any per- 
son or persons, or corporation, for such term as may be agreed on, subject to the 
same responsibilities, for which the Company herein before mentioned shall still be 
held bound for damages to individuals or corporations which may accrue, by reason 
of any of the provisions of this act. 

Sec. 18. Be it further enacted. That if any person shall intrude upon said Rail- 
road, ora.ny part thereof, or upon the rights or privileges connected therewith, with- 
out the permission, or contrary to the will, of said Company, all the vehicles, ani- 
mals, or locomotive power, or other articles, which may be so intrusively introduced, 
may be seized by the Company or its agents, or recovered by suit at law ; and more- 
over, the person or persons so offending shall be liable to be indicted for a misde- 
meanor, and upon conviction, fined and imprisoned by sentence of the superior court 
of tJie district in which the offence may be committed ; and if any person shall art- 
fully or maliciously destroy, or in any manner hurt, damage or injure, or obstruct, or 
shall artfully or maliciously cause and assist, counsel and advise any other person or 
persons to destroy, or in any way to hurt, damage, injure, or obstruct said Rail-road, 
or any part thereof, or any edifice, vehicle, right or privilege granted by this act, and 
constructed for use under authority thereof, such person or persons, so offending, 
shall be liable to be indicted, and on conviction thereof, shall be imprisoned not more 
than six nor less than one month, and pay a fine not exceeding five hundred dollars 
nor less than twenty-five dollars, at the discretion of the court, before which such 
conviction shall be had, and shall be further liable to pay all the expenses of repair- 
ing the same. — The one-half of all the fines under this act shall be paid to the in- 
former, and the other half to the use of the Territory. 

Sec. 19. Be it further enacted, That the President and Directors be required to 
make a full report to the Stockholders of said Company, at their yearly meeting, for 
the election of Directors, on the state of the Corporation and its concerns. The Pre- 
sident and Directors shall have power also to call a general meeting of the Stock- 

7 



50 

hjlders whenever t!.e affairs of the Company, in their estimation, shall render it ex^ 
p^dient and necessary. The Directors shall have power to flll any vacancies in their 
bi'Jy, which may occnr, as bafore more particularly provided: and it shall be their 
duty to fill such vacancies whenever they do occur. 

Sec. 20. Bo itfiiithrr enacted, That the surveys to determine the route of saitJ 
road shall bacommeiii ed within twelve months after the pass:i£:e cf this :itt, and the- 
work itself within eighteen months. There shall be made one-tliiid part of the road 
in three years, or work equivalent ; two-thirds in four years-, cr work equivalent, and 
the whole work shall be completed in five years, or thia charter shall be forfeited. 

Sec. 21. Be it fiuther enacted, That the said Company shall report annually to 
the Governor and Council after the said road goes into operation-, and the books shall 
be subject to an annual inspection by a Committee of die Council, if it shall be S9 
required. 

Passed Feb. 7th,. 1835. Aj-pboved Feb. 14th, 1835, 



An Act to Incorporate Ike Southern Life Insurance and Trust Company. 

Gec. 1. Be it enacted by the Governor and the Legi^ative Council of the Tcnt- 
to"y of Florida, That fiom the time this Act shall take effect, Andrew Anderson, 
Daniel S. Griswold, John B. La Forge, John M. Hanson, Joseph M. Hernandez, 
John D.ysJale, Williatn H. Simmons, Edwin T. Jencks, J. D.Hart, James Dell, 
Josepli B. Lancaster, John W. Richard, D. L. Clinch, John H. McInto^h, Joseph 
M. White, Richard K. C.ill, Ben. Chaircs. Abraham Bellamy, W. G. Poller, E. J. 
Harden, J. C. McClay, Wm. H. Chace, Walter Gregory, H. Hyer, P. C. Green, 
F. A. Brown, O. O'Tlarra, and R. Fitzpatrick, their associates arid successors be, 
and they are hereby constituted and made a body politic and corporate, under the- 
name of "The Soulhern Life Insurance and Trurt Company," to be located at the 
city of St. Augustine ; and by that mme may sue and be sued, plead and be im- 
pleadel, answer and be answered unlo, in all courts having competent jurisdiction ; 
and may have and use a common seal, and the same break, alter and renew at plea- 
sure ; and are vested with all the powers and privileges necessary to the objects of 
their incorporation, as hereinafter defined. 

Sec. 2. The said Company shall have power — 1st, to make insurance on lives ; 
2 J, to orant and purchas3 annuities ; 3d, to make any other contingent contracts, 
involvinr? the interest of money and the duration of lifo ; 4th, to receive monies in 
trust, and to accumulate the same at such rates of interest as may be obtained or 
a'^reeJ on, not exceeding at the rate of eight per centum per annum, or to allow such 
interest t:ier2on as may be agreed on ; 5th, to accept and execute all suL-h trusts, of 
every description, as may be committed to t iem by any person or persons whatsoe- 
ver, or miy be transferred to them by order of any of the courts of this Territory, or 
by any court as a cou.'t of Chancery ; 6lh, to receive and hold lands under grants, 
with s'jcli general or special trusts, or covenants, so far as the same may be taken 
ii paym.^nt of their debts, or in security of their capital or bans, or debts due t'lem, 
01- purchased upon sales under any law of this Territory, as may be necessary tJ 
protect the rights of the saiJ Company, and the same again to sell, convey, and dis- 
pose of; 7th, to buy, discount, and sell drafts, promissory notes, and bills of ex- 
ehinge ; 8th, to e.st.iblsh and locate brancbei for carrying on their business. 



51 

"Sec. 5. In all cases ^hcre any court has jurisdiction for the appointment of a 
guardian of any infant, the annual income of whose estate shall exceed the sum of 
'one hundred iiollars, such court shall have power to appoint the said Company as 
guardian of the estate of iSuch infants. 

Sec 4. On any sum, n(Jt less than one hundred dollars, v.-hich shall he collected 
or received by the said Company in its capicity of guardian or rcct'ivcr, an interest 
shall be allowed by the said Company of not less than at the rate of four per centum 
annually, which interest shall continue until the monies so received shall be duly C7.- 
ipended or distributetl. 

Sec 5. Where the annual income of an infant, of whose estate the said Compa- 
ny shall be guardian, shall exceed the sum allowed, or which may be sufficient for 
the education and support of such infant, such surplus income shall be at the sole 
risk of said Corporation ; and for all losses of such monies, the capital stock, proper- 
ty and effjcts of the said Corporation shall be absolutely liable. 

Sec 6. The capital stock of the said corporation shall be two millions of dollars, 
which shall be divided into shares of one hundred dollars each, and may be increas- 
ed by tho said Company from time to lime, in like shares, to four millions of dollars; 
and if at any time, when the books shall be opened, a larger amount of stock be 
subscribed than is proposed for, the higher and larger subscribers shall bo curta bd ; 
so that all who apply for stock may be enabled to procure it. The whole of said two 
millions of capital shall be loaned and invested in bonds or notes drawing interest, 
not exceeding eight per cent per annum, secured by unincumbered real and person- 
al estates, lying and being in the Territory of Florida, of double the value, iij each 
case, of the sum so secured ; which real and personal estate shall be cosveyed to the 
President of said Company, his successors in office, and assigns, with an express trust 
power, on default of the payment of the principal and interest, according to the tenor 
■of such bonds or notes, to sell the said real or personal estate, or so much thereof as 
may be necessary to pay the sum in arrear and the incidental expenses, and to pay 
the surplus of the proceeds of such sale, (if any,) on demand, to w'lom the same shall 
belong ; but before any liability as is hereinafter provided shall be incurred l)y this 
Territory, the valuation to be made shall be approved, and said approval shall be en- 
dorred bv one or more commissioners, to be appointed by the Governor and Legis- 
lative Council, or by the Governor, in the recess ; and the Governor, from time to 
time, shall have power to appoint and displace said commissioner or commissioners; 
and for every approval made by thrm, each one shall be entitled to receive five dol- 
lars, to be paid by the owner or applicant ; and every one who shall be so appointed, 
before acting, shall take and subscribe an oath, before a judge of the superior court, 
that he will faithfully juJge and report on the value of said mortgaged property sub- 
mitted to him: said valued and mortgaged property, when received by the Company, 
to be recorded in the county of SL John's, and the registry thereof shall be held suf- 
ficient in law to bind the property, and thereafter the same shall not be assignable, 
but shall remain as a security for the ultimate payment and redemption of the princi- 
pal and interest of the liabilities of this Territory for said Company ; and the Presi- 
dent and his successors in office, in case of any default, arc hereby enabled and au- 
thorised to take, hold, and convey such real or personal estate in pursuance of said 
trust, and to sell the same at public auction ; but in all cases shall ^ ive twelve week«' 
public notice of such sale, by advertising the same in one or more newspapers pub- 
billed ftt the aeAt of government, and also in a newspaper nearest the premises, to 



52 

be sold at the time and place of such sale or sales — said advertisement to be publish- 
ed at least once in each week : Provided, That no increase of capital shall at 
any time be ordained by the said Company without the written consent of the hold- 
ers of a majority in amount of the stock, their agents or representatives. 

Sec 7. All tlic corporate powers of said Company shall be exercised by a Board 
of Trustees, and such officers, agencies and branches as they sliall establish and lo- 
cate. The Board of Trustees shall consist often persons, all of whom shall be stock- 
holders to tlie number of thirty shares; and three Directors to be appointed annually 
by the Governor and Legislative Council, after the guaranty shall have been requir- 
ed, who may or may not be stockholders, they shall annually elect a President from 
their own body, and shall have power to declare by a by-law what number of Trus- 
tees, less than a majority of the whole, shall be a quorum for transacting business ; 
and the expense of drawing securities and other papers, and examining titles, and 
so forth, shall be paid by the applicants for loans. 

Sec 8. The Trustees shall severally hold their offices during good behavior; 
but the Court of Appeals shall have power to remove a Trustee, on such notice to be 
heard as they shall deem reasonable, on the application of a person interested, for a 
misdemeanor in office. The said Byard of Trustees shall be divided into five classes, 
consisting of two members each, and so arranged that the term of service of one of 
each of said classes shall expire at the end of every two succeeding years — to be di- 
vided by lot, so that two Trustees shall be appointed every two years. — Every vacancy 
happening in the Board of Trustees, by death, resignation, or otherwise, other than by 
the expiration of classes, shall be supplied by the choice of the remaining Trustees; 
and in all cases the votes of two-thirds of all the Trustees, for the time being, shall be 
requisite to a choice. No person shall be eligible who shall not have been openly nomi- 
nated at a meeting of the Trustees, at least one month before the day on which the 
election is held : and the name of every person so nominated shall be published for 
three successive weeks previous to the day of election, in one or more of the news- 
papers printed in the Territory of Florida : Provided, That when vacancies shall 
happen by expiration of classes, the same shall be supplied by elections to be held 
by the stockholders of said Corporation ; and elections held for the purpose of sup- 
plying such vacancies shall be held as near as may be, in pursuance of and accord- 
ing to the provisions of the 10th section of this act, except that the notice of the time 
and place of holding such elections shall be given by the Trustees of said Corpora- 
tion instead of being given by the Commissioners, as is in said section provided. 

Sec. 9. That Lot Clark, Robert Raymond Reid, and Thomas Douglass shall 
be, and are hereby appointed Commissioners, whose dutv it shall be, within nine 
months after this act shall be in force, at the time and place, in said Territory, fixed 
by said Commissioners for that purpose, to open books for receiving subscriptions to 
the capital stock ; the books shall be opened at the hour often in the morning, on the 
daytixedby the Cjnitnissioners, and shall be kept open from time to time, by adjourn- 
ment, until the whole stock shall be subscribed, not exceeding thirty days ; public no- 
tice shall be given for at least sixty days, in three or more newspapers published in 
the Territory, the time and place of opening the books for receiving subscriptions 
to the capital stock of said Corporation : Provided, That if the said stock shall not 
be subscribed within thirty days, the said Commissioner shall have power to re- 
open the books at any time or times thereafter, within three years, under such regu- 
lations as are hereinafter specified. 



Sec. 10. So soon as said stock shall be taken, the said Commissioners sluill no- 
tify thi subscribers to said stock, by publication in one or more newspapers publish- 
«d in the said Territory, fo'' thirty days, to meet ai such time and place, as in such 
notice thev may direct, to elect ten persons from among the said svibscribers, to 
constitute the first Board of Trustees under this cliartcr ; and when the said sub- 
scribers, or so manv thereof as may have assembled at the ti'i e and place fixed for 
the opening- the polls of the said election, they shall appoir.t four disinterested and 
respectable freeholders of the Territory of Florida, judges of the said election, who 
shall proceed to discharge the duties hereby required of them; that is to say, they 
shall receive the votce of the said subscribers, either by person or proxy, duly au- 
thenticated, in writing, allowing to each subscriber one vote for each share by him 
held, and they shall carefully note each vote in duplicate books prepared for that 
purpose, and after having taken all the votes which may be offered within the time 
fixed by said notice, the said judges shall count said votes, and certify the number 
of votes given to each person, and thereupon they shall forthwith hand over the said 
poll books to the said Commissioners, the one for the Company and the other to bo 
transmitted to the Secretary of the Treasury ; and the ten persons having the high- 
est number of votes shall be the said Trustees, and thereupon their powers and au- 
lliorify as said Trustees shall commence. 

Sec. 1 1. That so soon as the said Trustees are elected, they shall organize and 
notify the Governor of this Territory, that they are ready to commence business, 
and thejeupon the said Governor shall appoint some suitable person to examine and 
ascertain the amount of monies paid in upon the first instalment of said capital stock, 
whose duty it shall be, at the expense of the said Company, to make such exami- 
nation, and ascertain by the oath of the President, that the said capital has been 
bona fide paid in by the said stockholders of the said Company, in payment of the 
first instalment under the regulations of the said charter, and for no other purpose 
whatever, and that it is Intended to be and received as part of said capital stock, 
and forthwith make due return thereof to the Governor, who, on the return being 
made to him as aforesaid, that the sum of two hundred thousand dollars of the capi- 
tal stock of said Company has been paid in, in specie or its equivalent, shall cause 
proclamation to be made of the same, under the great seal of the Territory, which 
shall be published at the expense of said Company, in one or more newspapers 
published in said Territory, and on the first publication of said proclamation, it shall 
be lawful for said Company to commence business, and not before. 

Sec. 12. Each subscriber shall, at the time of subscribing, pay to the Commis- 
sioners receiving the same, the sum often dollars on each share by him subscribed, 
and after the shares shall hBve been subscribed, each stockholder shall pay an instal- 
ment often dollars on each share so held by him at the expiration of six months' there- 
after, at such pJace or places as the Trustees shall appoint, of which time and place 
or places, at least six weeks' public notice shall be given, and within three years after 
the said stock shall have been subscribed, the whole amount remaining due, shall be 
paid in such instalments as the trustees may direct, of which the same notice shall 
be given. The shares of every stockholder omitting to make such payment, shall 
be forfeited, together withall previous payments made thereon, and the books shall 
be again opened as directed in the 9th Sec, for subscription, and so from time to time 
until all shares are subscribed and paid for. 



54 

le amount 



Sec. 13. Every trustee of said Corporation shall be a stockholder to f>,« 
Sec. 15. The trustees shall have a dis-rctiomwnnu..,. f 

c™....o„er, „. „„„„, „ be ,p,.oi„,.d ,, ...J co,:,;, -v^d ^ ^ tr 'f;! 

-PO,, hi. „p;„,„n i„ „ln,i„. ,„tho ahili,ya„d?„,cXZ" ., whKlT-":?" 
ma,a,od-,h.-. p,„J..„cc and sure, „f ,„ i.L,,™„,sl,l ■; ■ ' ^ 'rn^ " "" 

t'.ie conit on and state of s-iid hr..)v r, ■ ,• i " '""^''""'-^ '^sh.ill be to examino 
^inntes of proceed nlrof J ebot7oft'",? 7'"""'^'° '"^^^^ '^" "-'°'" ^^ 

or.ler a,,cu-e Ariz, to be issued by th. said Cour of Z ' ' ?'-\'^^" ^''''^ P°"-«^ to 

.™n,...=,u,oeha,,„.rL.;at„^:r;:-:fjr;:t-^^^^^^^^^^ 

tent that trustees ar. now by law responsible, in law or equity 

Sec. 19. The Company shall have power .o issue b.Ib or notes other thnn drart, 

1; ! p? '••, r . i ""^ '^''' "''"""'■• ^"''^ ''"'^ »"d notes to be si<.ned by 

t 3 Prescient and Secretary, or Cashier of said Corporation; and said Corporation 
saall never refuse or suspend the payment in specie of any of their notes o ob ^ 

an 1 .f he sa.d Corporafon shall refuse or suspend payment, the bearer of an^ no eo^ 
Obhga,.on. or any person havm. the right to demand or receive the amoun/oJ? nda 
deposited as above mentioned, shall be entitled torecover interest at the rat of ule 
per cent per annum, u.ul they shall tender payment thereof, .ith interest ashore 



55 

said, in specie at their counter, and unless payment shall be so rnaii* , or a tender 
thereof, within ninety day^, the charter of the said Company f-b.all Ix' '■ -i'' io?' 
forfeited, and they shall cease all operations as a Corporation, vscf, ' ;,l 

be necessary to c1liS3 their concerns and fulfil cxistin^r contruf 

Sec. 20. 'I'he capital stock of said Corporation shall bo tiixci :>i iiie same rates 
as all other personal property of the sp.i;l Territory, and not o(h' wise; and that no 
tax snail at anytime or times be hereafter levied against tiic . ui! Corpoialion beyond 
the amount of live thousand dollars in any one year. 

Sec. 21. To enable the said Company to make loan? lu-.-l discounts beyond the 
amount of their^capital, to be paid in by the stockholders ;is ai'urcsaid, they may is.- uc 
csrtificates of '^ne thousand dollars each, bearing net more tiian s!x percent interest, 
redeemable v^ithiu the range and limit of the charter, at such times as the Governor 
and the Company may agree on, and present the same to the Governor, or acting 
Governor of this Territory, whose duly it shall be to endorse thereon "guaranlced 
by the Territory of Florida," and sign his name and title of office thereto, and return 
the same to the said Company ; and the faith of the said Tenitory is hereby pledged 
as security for said Company, for the faithful payment ofsuch ceitificates, aecoiding 
to the tenor and effect of the same ; but no greater amount of certificates shall be 
at any time endorsed than may be equal to the debts placed under mortgage to the 
Company at the time of making application, to be secured after the mode, and in 
conformity to the manner pointed out and directed in the sixth section of this act.- 
And in case t'.ie sai J Company shall make default in payment of the principal or in- 
t3restof su^h csitiiioates, it shall be the duty of the Couit of Appeals ol said Territory 
OT beini: certified of tire tact by the Governor, to issue an appropriate process to any 
IMarsaall of said Tenitory, commanding Inm to take so much of tiie money, chose- 
in action, or olhor efijcts or property of llie said Company, and bring the same into 
couit forthwiih, as will be r,; Ticient to nidemnify the Goveinmenl from loss by reason 
of suel> default, and the court is hereby empowered to direct the disposal of the same : 
Provided, when this guarantee is asked for, the Governor and Council shall have 
power to appoint three directors, who may or may not be stockholders. 

Sec. 22. This Act shall not be construsd to confer on the said Company anv 
right or power to make any contract, or to accept or execute any trust whattver 
which it Would not be lawful for any individual, when net restrained by statute,. 
under the general rules and law which are or shall be in force, to make, accept, or 
execute. 

Sec 23. The said trustees shall on the first Monday of January and July, an- 
nually, make and declare such dividends resulting from the profits of the said Company 
as they miy think proper, but shall notimpair, nor in any wise lessen the capital stock ; 
and shall cause the sai>l dividends to be paid on demand to the stockholders thereof, 
atsucli place or places ashy a By-law they may appoint. 

Sec. 24. The said t:usteesmay choose annually f.omtlicir body a Vice President,, 
who sh dl perform all thj duties of the President in ease of his absence oj inability to 
pe:form said duties. 

Sec. 25. This law shall remain unalterable without the consent of the Trustee* 
of the said Company, until the expiration of fifty years from its passage; nor shall 
it at any time hereafter be so altered as to prevent tlic execution by the Company of 
any eubaisting contract. 



56 

Sec. 26. This act shall be taken and received in all courts, and hj all judges, 
magistrates, and all olhei public olticers, as a public act : and shall receive, on all 
occasions, a favorable construction ; and all printed copies of the same, which shall 
be printed by, or under the authority of, the Legislative Council, shall be adnutted 
as good evidence thereof without any other proof whatever. 

Passed, Feb. 12th, 1835. - Approved, Feb. 14th, 1835. 



Fortress Monroe, November 10, 1^33. 
My dear Sir: 

Your letter of the 2d inst. is now before me, and I hasten to answer to the iu- 
qiiiries contained in it. 

" Curlew Point" is, I have always thought, the most eligible site for a Town in 
Charlotte Harbor. It is high, and dry, the drinking water very good and abundant, 
(The Spaniards at the Rancho opposite get all their water there.) And the channel 
runs close in shore. Of the appearance of the country back of the Point, I know 
nothing from my own observation. 

" Pine Island" I never was on, but saw excellent timber brought from thence, 
and was informed by Mr. Willis, that he had planted there one season, and had 
made excellent corn, peas, potatoes, &c. and considered the quality of the soil very 
good. " Boca Grande" Island contains some hammocks of very rich land, covered 
principally with cabbage tree, and live oak. The balance of the Island, is an ex- 
tensive, open savanna, or prairie, with a luxuriant growth of grass ; fresh water is 
abundant and good. There are great numbers of deer on this Island. 

" Charlotte Harbor" is certainly the most delightful situation on the whole coast of 
Florida. In beautv of scenery, as well as in salubrity of climate, and quality of soil, 
no place on the coast can be compared with it. 

" Sarazota Inlet" is said to be the best site for a fishery on the coast ; there is a 
good depth of water on the Bar, and it affords a safe harbor for vessels to run into 
in bad weather. Opposite to the Inlet on the main land, there is, I am informed, a 
large body of first rate land, and as far as I have penetrated into it, (only a few hun- 
dred yards) it certainly is. Here also is a well of good water. 

The Manatee River runs east and west, and empties into Tampa Bay, about three 
miles north of the entrance into Sarazota. It has about 10 feet of water on the bar, 
is one mile wide for the distance of twelve miles up, and has high, bluff banks. 
On the south side it is all prime land ; on the north, hammocks, heavily timbered 
with live oak, water oak, and hickory, the latter very large; one I had the curiosity 
to measure, and found to be fifteen feet in circumference. 

" Terasia Bay" (the mouth) is about three miles north of the mouth of the Ma- 
natee ; — it is a small but a very beautiful sheet of water, and I am told (on good 
authority) that an excellent tract of land lies on it. I have never been ashore there. 

In regard to " Pine Lands," it is generally conceded in Middle Florida, (and from 
my own observation, I am convinced of the fact) that the good quality produces as 
well, and lists longer, than the heavily timbered hammock lands. " Pine forests," 
near navigation, are numerous. There is Pine island in Charlotte Harbor ; the 
south side of the Manatee River, &c. 



57 

As to the health of the climate from Tampa Bay to Sanybel Island, I am firmly 
convinced, from luy own experience, and that of Others, that Con the coastal least) 
it is as healthy as any country whatever. 

The distance between the Manatee, and Alifia, is I think about 25 or 30 miles ; 
the Little ftlanatee lies between them about half way, and Indian River lies between 
the Alilia and the Cantonment. 

Anthen is settled about 10 miles from the mouth of the Manatee, and it is called 
fifty miles by land to the Cantonment. 

I am, my dear Sir, very respectfully, 

And sincerely, yours, 

J. H. RANDOLPH. 



New York, Dec. 9, 1833. 
R. S. IIackley, Esq. 

Sir: — In answer to your enquiry relative to the lands in Florida, as to rearing 
and grazing cattle, I am of opinion that cattle may be grazed between the latitudes 
of 26'-' and 30^ as cheap, if not cheaper, than any other section of country in Florida. 
Some few miles from tlie sea board the praires are very extensive, and afford fine 
grazing both Winter and Summer. Cattle are cheap, and may be bought at an 
average from five to eight dollars per head : good cows and calves from five to eight 
dollars. Respectfully, your ob't. ser'vt. 

WM. G. SANDERS. 



Neio York, Dec. 13, 1833. 
Dear Sir : — Florida is by climate and soil well adapted to the breeding of cattle 
to any extent. I have purchased one hundred head of cattle from the Indians for 
four dollars a head, payable in trade at an advance of 300 per cent. My neighbors 
have done the same. You receive them in 2>roportions, bulls, cows, calves, and 
steers, of all ages. The breed is a most excellent one, and to an experienced man 
in cattle, he may recognise the best English kinds, somewhat deteriorated by a long 
residence in the country since the possession of it by the English, who, no doubt, 
introduced at the time, their most approved kinds. As the verdure of the country 
is perpetual, no provision is requisite for the winter's consumption. 

Yours, most respectfully, 

HENRY M. CRITGER. 
N. B. Suydam & Jackson, Pearl Street, can supply the articles necessary for 
the trade. 



Fort Brooke, Tampa Bay, East Florida, March 6, 1834. 
R. S. Hackley, Esq. 

Sir: — In answer to your enquiries relative to the lands near Tampa Bay, I will 
endeavor to give you the desired iaformatiou, as near as my recollection will permiti 
8 



58 

The country near Tampa Bay is generally level with a gradual ascent sufficient to 
drain the water from any crops that may be planted on the lands. Tha lands in this 
vicinity are generally covered with pine timber of large size, sufficient to be sawed 
into scantling or plank, and also would malie boards and shingles. Some of the 
best of the pine land has been cultivated and produces fine corn, cotton, cane, &c. 
and would, with a Utde manure being added, produce fine crops for many years to 
come. There are several hammocks interspersed through the pine lands of small 
and large size, covered with live oak, hickory, white oak. Magnolia, red and white 
bay, &c. which, when cleaned, produce fine crops of cotton, corn, cane, &c. and 
which from the crops that have been made on them already, yield equal to any lands 
in Florida. The soil is of a black rich loam, and would no doubt from its being so 
near the Gulf Stream, produce the finest of Sea Island Cotton. 

Fort Brooke, now a military garrison, is a delightful spot, situated at the head of 
the eastern arm of Tampa Bay, having a commanding view of the Bay for several 
miles. There are several buildings of considerable size in the garrison, built chiefly 
of logs and handsomely arranged, having in the centre of it a large grove of live oaks, 
which afibrds a fine shade both for Winter and Summer, and also springs of fine 
water at the door. Vessels drawing ten feet of water can approach within three 
miles of the town, and those of a lighter draft, say five feet, can at all times come up 
to the wharf There is a grove of sweet oranges at this place, and the sour oranges 
grow in all directions through the eastern and southern part of Florida. The village 
and country around has always been healthy, and considered so by every resident 
here. Fort Brooke, now called Tampa, is the county town of Hillsborough County. 
There are several fine sites for dwellings on tlie Bay, and on the rivers making into 
the Bay. After leaving the Bay a few miles, you pass into a large body of fine land 
containing several thousand acres, having about the centre of it several lakes, near 
which, are several prairies or natural meadows, which afford fine grazing for horses 
and cattle both winter and summer, and when drained would produce fine corn, 
cotton, cane, lice, &c., and might be drained at a very trifling expense. One of 
those lakes called Clonotoscasser Lake, about five miles in length and about three 
in breadth, abounds in fish of different kinds, and afibrds fine sites for dwellings. 
The lands on the margin of this lake are covered with hickory, live oak, white oak, 
magnolia, bay, &c. The country is healthy, and the water good. There are some 
fine lands on the Alifia River about twelve miles from Tampa in a south direction, 
where vessels can ascend the river for several miles drawing four feet of water, and 
I have been told that there are one or two good mill seats on this river. There are 
some fine hammock lauds on the sides of this river, but in detached pieces, say from 
forty to one hundred and fifty acres in a body. There are some fine pine lands on 
this river which have produced good crops for the last year. I am informed that 
there is a mill seat on the Hillsborough river about eight miles above this place. I 
know of no other mill seats near Tampa except those on the Alifia and Hillsborough 
rivers. There are several cypress swamps near Fort Brooke, which afford an abun- 
dance of shingles, boards, rails, scantling, &c. of easy access to the water, say about 
a mile. I am of opinion that the pine lands near the Bay might be kept up for years 
by manuring, which might be had from the salt marshes near it. 

There are several bodies of fine lands about twenty miles from Tampa in a north 
direction, which now abound in hickory, oak, &c., and when cleared, would pro- 



59 

duce the finest of Sea Island Cotton. This land hes in the Indian Nation. Th«r« 
are several rivers of small size, making up from the Bay into the interior of the 
country for several miles, on the borders of which, are an abundance of oak, cy- 
press, and eome red cedar, and which with a little clearing, the timber that i» on 
them mi^ht be brought to vessels at a small expense. 

Respectfully, yonr ob't. serv't. 

WILLIAM G. SANDER3. 



251 Pearl Streel, April (^, 1834. 

Dear Sip : I believe I have taken occasion before now, when I have had the 
pleasure of conversing with you, to express my opinion generally of the lands of 
that part of Florida, over which my duty as Surveyor for the Company led me. 
That opinion, I need hardly remind you, was a favorable one. It may not be amiss, 
however, to briefly repeat what my own belief and impressions are respecting the 
soil, and its resources, the climate, &c. &c. ; and I believe I may say that my 
opportunities of observing, and of forming a judgment, (whether correct or not time 
will tell,) were as ample as those afforded any other individual. 

The soil in general consists of a rich vegetable matter, decomposed shells, sand, 
and in some places, alumen. This however is saying but little to those unacquainted 
with the fertility of such ingredients, and who may be unaware how admirably a 
soil composed of them is calculated for the raising of indigenous vegetable pro- 
ductions. In my opinion, rice, cotton, tobacco, and the sugar cane, together with 
tlie intertropical fruits can be cultivated successfully upon the Island and mainland ; 
and I diink I have already stated that I myself, in common with many other individ- 
uals, partook, (much to our gratification,) of excellent potatoes, (Irish) Indian corn, 
and some other vegetable productions not indigenous to Florida, which were raised 
in the neighborhood of Sanybel Island, with apparently little or no trouble. 

As to the climate I think it useless to say anything. I can myself personally bear 
testimony to its decidedly beneficial effects upon my own health, although exposed 
to many privations, and to its agreeableness, and salu^'"')'' I' certaiiily is the most 
delicious climate I ever experienced. 

I could say a great deal more upo" c'lese matters, but tlie limits of a letter admon- 
ish me to break off before I t^wnge too deeply into a subject, which is to me, I 
confess, a favorite top>'' oi discussion. I shall just observe, however, that I think 
I am giving tolerably good evidence of the sincerity of my opinion and views 
regarding Florida, by the fact of my accepting of land, instead of money, in lieu of 
my professional services, and from my determination to settle upon the River Cool- 
osahatchie, and to cultivate a plantation there. 

I remain, dear sir, in haste, 

Respectfully, your most ob't. serv't. 

R. S. Hackliy, Esq. EDWARD ARMSTRONG. 



60 



DUPLICATE. 

PittsfieM, Mass. Sept. 20, 1834. 

My Dear Sir: Your favor of the 15th has just come to hand, and I hasten to 
reply. I regretted much that it was not in my power to give you a call as I passed 
through your city on my way from Washington, but advices I had received, relative 
to the health of my family, were of such a nature as to forbid any unavoidable delay 
on my journey to it. In answer to your call for a statement of sales made by me 
of your lands in Florida, I have to say, that my transactions in that respect, have 
been very limited, in fact I have made no sales but conditional ones, subject to your 
approval. Numerous applications have been made for sections, particularly in the 
region of Taa)pa Bay, which for reasons that ap^.-eared tome of sufficient weight, 
I only granted, subject to a proviso. On my arrival at the Bay, which I visited in 
the early part of January last, for the purpose of making a thorough and satisfactory 
examination of laws, &c, I was informed by individuals, residents there, that your 
son William, who had recently been on the spot, had given them the refusal of the 
lands on which they had settled at a rate (one dollar per acre) which I esteemed 
considerably below their real value. His motive seems to have been (and it is 
doubtless a just and proper one) to place those enterprising early settlers upon the 
footing of pre-emptioncrs, and to give them advantages, even greater than they could 
have enjoyed had the soil belonged (as they supposed it did when they took pos- 
session of it) to the United States. They are, most of them, industrious and valuable 
citizens, entitled to liberal encouragement. 

I made while at Tampa the following surveys, which are promised, subject to 
your sanction, at the same rate at which your son had previously sold. The indi- 
viduals for whom these surveys were executed, had with the exception of one, 
(myself) made improvements upon the tracts for which they asked. 

On the river Alifia, for Capt. William Graliam, U. S. Army, 200 acres; for John 
Warren, at the mouth of the river, 200 acres ; for Ezekiel Stafford, on said river, 
150 acres ; for G. Humphries, 500 acres ; on Humphries, or 3Ianatee river, for 
Joshua Stafford, 400 acres ; for G. Humphries, 500 acres ; near the village of Tampa, 
for William Ellis, 100 acres ; and for Judge A. Steele, 25 acres. In addition to the 
above, I had (after my retui,^ r,.o,r, niy tour of exploration to the northern part of 
Alachua,) thirty to forty applications n-om persons who wished to remove and be- 
come settlers at Tampa. They wiU in all priA..,bility, if enabled to purchase lands 
upon liberal terms, change their locations and go down to your lands in the neigh- 
borhood of Tampa Bay, the ensuing winter. Permit mc to su'^'est the propriety 
©f giving to them all reasonable encouragement. They are of the laboring class of 
people, and will be exceedingly useful in the present comparatively unsettled con- 
dition of the country. 

I have for months past been intending to write, giving you a detailed account of 
the observations made during my last winter's excursion to the Gulf, but various 
causes have combined to prevent my doing so. Nor have I, even now, leisure to do 
the subject justice. I cannot, however, consistently close this letter, without saying 
(and It is no small acknowledgment for one to make who has been twelve years past 
residing in East Florida, and who has, during that time, made repeated visits to 
Tampa Bay) that my knowledge of that country was lamentably deficient, and that 



61 

iis importance, in almost every point of view, has been altogether nnderrated. I 
found on the exauiiiiaiiou, which I was near a montli actually and actively engaged 
in making, that my estimate of the quantity of rich hammock lands in that section of 
countiy was entirely too low. Tracts, that on former occasions I had, upon a 
cursory view, 'tis true, estimated as containing only a few hundred acres, I found by 
actual survey contained as many thousands, and in most cases, the soil is of very 
superior quality, well timbered and finely watered. With these advantages, and a 
climate not surpassed in salubrity, by that of any other country on the globe. It 
seems to me that nothing but capital and enterprize are wanting to render that 
delightful region one of the most desirable portions of our country. 

Very respectfully, your ob't. serv't. 

G. HUiVIPHRIES. 
To Richard S. Hackley, Esq. New York. 



NeiD York, Oct. 15, 1834. 
Mr. R. S. Hackley, 

Dear Sir: I left the Island of Sanybel in Florida on the 9th of April last, for the 
purpose of examining the River Sanybel and the lands on said river, and beg leave 
to state, that after ascending the river about forty five miles, I came to what is termed 
Hammocks, which is a thick growth of oak and cabbage trees. On examining the 
lands on the said Hammocks, I was under the impression that they would produce 
cotton and provisions; in fact, I thought they would produce any thing that may be 
planted. The Hammocl.s are about half a mile in width, and you then come to a 
plane of a sandy soil, intermixed with vegetable mould. Through this soil, say 
fourteen or sixteen inches deep, I there came to clay, and continued digging for 
three or four feet, and the clay was yet to be found. The clay had a large quantity 
of small living roots in it. My. opinion is that all the lands in the rear of the Ham- 
mocks is based on clay. Mr. Pitcher, who also accompanied me, and professes to 
be a judge of land, is also of that opinion. I do not profess to be a judge of land 
myself, and may be mistaken in relation to its producing, yet I sincerely think, all 
that I examined will produce, and that several plantations may be advantageously 
formed on that river, of from four to eight hundred acres each. The River Sanybel 
is one of the most beautiful and romantic streams I ever saw. We carried, as far 
as we went up the river, say twenty miles, about eight feet of water. Any other 
information that may be wanted, and that I may be enabled to give, will be cheer- 
fully done. Very respectfully, yours, 

JOHN HARRIS. 



New York, Oct. 16, 1834. 
R. S. Hackley, Eso.. 

Sir: Having occupied for some time past, and resided on one of your Islands, 
or small Keys, in Charlotte Harbor, Florida, I have had opportunifies of examining 
in person, and of obtaining information from others (in whose judgment in such 



63 

matters 1 have full confidence,) of the islands called Pine Island and Boca Gr&ndo 
or Casparilla Island, both of which contain a very ronwidernhle quantity of fine 
lands, well timbered and I believe watered, and abounding in Deer and other game, 
with one or more good harbors in each. I am, sir, your ob't. serv't. 

E. GRIFFIN. 

Joseph Camming, George Hall, Ralph King, William Duncan and William 
Crabtree, Jr. have been appointed at Savaaah, Directors of the Atlantic and New 
Orleans Seaboard Line Company. 

The trade of Apalachicola is now 29,000 bales of cotton exported the last year, 
and the first two months of this alone it is 30,000 bales. 



TRANSLATION 



From " The India Code." (Spanish.) By the Ilonorahle Joseph M. While, under a 
resolution of Congress of the 23nl May. 1828. — Book the '3rd, Title Zth. Law Ist, 
Vol, 2d, Page Idth, " Code of Indias," of Royal Donations, Grants, Privileges, 8(c. 

Royal Grants cannot be revoked, without some fault of the Grantee, and decreed 
to his heirs. 

Those things which the King gives to any one cannot be taken from him, eitlier 
by the King, or by any one else, without soma fault of his ; and he to whom they are 
given, shall dispose of them at his will, as of any other things belonging to him ; and 
in case of his dying intestate, it shall decend to his heirs, nor shall his wife demand 
any part thereof. In the same manner, the husband shall not demand any part of 
what may have been given by the King to his wife. 

TRANSLATION. 

Extracts from Documents "Legalized" in my possession, deciding legally tchat de- 
scription of titles, viay interfere or take jnecedence of the grant to the Duke of 
Alagon. 

Decree. — 20th November 1790. Governor D. Juan Nepamunecono de Que- 
Bade. — His grants were for 100 ancs to the head of each family, and 50 acres for 
every other person composing it, black or white. These grants were not in fee sim- 
ple, but is tended to lease, and were not transferable — held during occupancy and 
cultivation, and no longer than six months after. 

Decree. — 12th October 1S03. Governor Henry White, (Blanco,) modifies the 
foregoing decree — 1st. Applicants for Lands, shall swear allegiance to H. C. IM. and 
also, to the number of his family, ages, servants, &c. These lands shall be [ap- 
portioned to them as follows : 50 acres to heads of families; 25 do., to others over 16 
years ; 15 do. to those between 8 and 16. 

2ndly. Those soliciting lands, shall designate in their memorial, the position of such 
lands. The above grants are not transferable, and shall be cultivated within six 
months after date of grant ; or the title is forfeited. 
Decree. — ^7th July 1815. The Captain General of Cuba, Apodaca, under thif 



63 

date, accedes to the proposition of the Governor of East Florida, Kinderlan, unde? 
Royal order, to grant lands to applicants, from three companies of troops, engaged 
in quelling an iiisiirrectiou in East Florida, McQ,ueens (Capt.) memorial, dated 17th 
February, 1804. He liowever held his lands under the fust decree. Possession for 
10 years, and his merits as Captain in tho late instruction, confirmed his title in fee 
simple. 

Decree. — 12th March 1815. Kinderlan, Governor, granted lands upon the prin- 
cipal adopted by Quesado, and White. 

Decree. — I2th March 1804.— White, Governor, doscrihag three kinds of con- 
ditional titles, page 23, 24 and 26. Ultimate decision of the Judge Fiscal, or Asses- 
sor of War, page 30. 

All grants, such as that to McQueen, and Estrada, that had been complied with in 
their conditions, dated prior to the grant to the Duke of Alagon, are declared good 
and legal, and all others are declared null and void. RlcQueen, had held his grants 
under the former Governors Quesado, and White — had jierformoJ all the requisites 
imposed by these Governors — occupied and cultivated tiie lauds for ten years, and 
then performed important service.^, as Captain of one of the h.<>ff)rp. named compa- 
nies, against the insurgents. His (AlcQ,'s) gruiii, bears a form entirely ditferent from 
other grants. Such others, as those for pasturage for cattle, »S:c. mills, and other 
improvement.Sj arc not transferable, and are null, whenever the Grantee ceases to 
occupy. An examination of all the " Decrees" shew this principle as unchange- 
able ; and the lands granted, must be occupied and cultivated within six moiuhs, aud 
whenever ceased to be so for six months, the rights of Grantee ceased forever, as 
far as I have been able to ascertain. There is not 1000 acrr s, that can interfere with 
my titles. This legal discussion has been most important for me, both in expense 
and trouble. The original papers are in my possession, and may be examined at the 
pleasure of any person. 

THE PROPRIETOR. 



Continuation of Documents in proof of the Climate and Soil of Florida, particularly 
the Southern Section. 

From the Charleston F. T. Post, 

Key West, Sept. 2. 

My Dear Sir: The sloop Associate, Capt. Bunce, arrived here from an explor- 
ing voyage this day, in the course of which .she visited the Main laiirl, from thirty 
miles south of Cape Remain, East Florida, to Charlotte Harbour. This vessel was 
fitted out by an Association of Gentlemen from New York, who contemplate estab- 
lishing a colony on the lands of R. S. Hackley, Esq. 

The observations made by the persons on board the Associate, are highly satisfac- 
tory. I have derived the information which I communicate from them. 

After running along and surveying the coast, the party explored two rivers of 
considerabla size. The Sanybal was traced for eighty miles, sixty of which is sup- 
posed to be navigable for vessels of light draught and steam boats. The banks of the 
river are found 4 to 12 feet high above the level of the water— they descend perpen- 
dicularly. After entering the mouth of the river, the water was found of equal 



64 

(iepth in all parts, offering but few obtructions to navigation — this river is lined with 
live oak hninaiocks, pine barrens, prairies, &c. ; in some of the prairies, large quan- 
tities of white grapes, of excellent flavor and large size, as vyell as a species of indi- 
genous cotton, is found. 

The river Mayaco, (sometimes called the Carlos) was also explored for about 
seventy miles — it was considered navigable to that distance — the stream is bold and 
rapid, and in many places at a distance of fifty miles from its mouth, is fifteen feet 
deep. The banks of this river were also studded with valuable tracts of land, live 
oak hammocks, pine barrens, cypress swamps, &c. An immense quantity of live 
oak timber, suitable for building vessels of all descriptions, was found on this river. 

Sanybal Island has been fixed upon as the site for the location of the town, and for 
that purpose possesses great advantages. Its harbor is a remarkably fine one, it 
being easy of access to vessels drawing fourteen feet water, and of sufficient extent 
to accommodate at one time three hundred sail. The site of the town is level and 
dry, situated at the east end of the Island ; vessels drawing fourteen feet may ap- 
proach within from five to twenty yards of the beach — good fresh water may be 
obtained nt three feet below the surface of the ground. A fine white sand beach, 
lined with beautiful shells, extends nearly around the Island — the Island itself is about 
eight feet above the level of high water mark, free from low bottoms or stagnant 
pools, and open to the land and sea breezes in every direction. The soil is of excel- 
lent quality for all horticultural jiurposes. There is a branch of fresh water arising 
at the west end of the Island, and running nearly through it, which has never been 
known to fail, and yields an abundant supply of excellent water. A single glance 
at this location will convince us of its importance — situated within a few miles of the 
mouth of the Sanybal, a navigable stream which passes through a rich tract of coun- 
try, and within eigliteen miles of the mouth of the Mayaco, a similar navigable stream, 
it may naturally be calculated that the whole produce of this section of the country, 
one hundred and fifty to two hundred miles around must in the natural course of 
events, pass through this town. 

I think, from the observations which I have made on this climate, that the whole 
section of country must in time become very valuable. The temperature is mild ; 
seldom exceeding, in the midst of summer, an average of 85 degrees, and very rarely 
sinking below GO in the winter. The air is pure and exhileratiug, possessing a 
degree of lightness and buoyancy, of which words can convey no adequate concep- 
tion. There are no frosts, consequently the Sugar Cane maybe cultivated without 
difficulty, and to great advantage. I have seen fine specimens of Cotton grown m 
this latitude, and I know from my experience, that the jjlant will produce without 
deterioration in the qualities of Cotton, for three successive years. It is said that 
Indians on the high lands near the sources of the Sanybal and Mayaco rivers, raise 
two or three crops of Corn in one year. From experiments which have been made, 
itis evident that Tobacco, no wise inferior to Cuba, may bo raised in Florida. Limes 
and Cocoa nuts, of the finest description in the world, are already to be found at the 
Spanish fisheries ; and I have seen a bunch of Bananas, weighing from 30 to 40 lbs. 
grown on the Florida Keys. It is very possible that Coffee may succeed. Another 
consideration, which is valuable above all others, is the healthiness of the climate. 
The Siianish fishermen who have been settled there for 20 or 30 years, declared it to 
be the most salubrious diuiate iu the world ; they affirm that fever is uxjluaowii 



65 

among them. I imagine also, that the returns of the Surgeon attached to the United 
States troops at Tampa Bay will do no discredit to that place. But there is one fa ct 
which speaks volumes. Nine persons have been engaged in exploring, from the 
month of June to October, the warmest and most unhealthy months in the year. 
They have been most of the time exposed in the open boats, and not a single individ- 
ual has been indisposed for a day. They ail returned here in excellent health. 

The tract of country explored abounds m Game, Deer, Wild Turkies, v&c. A 
species of Ibis, (perhaps the Wood Ibis) measuring nearly five feet in height, was 
shot by the exploring party. They also saw a Roseate Spoonbill, the Flamingo, Pa- 
roquets, &c. The water abounds in every variety of fish, and oysters and clams of 
very superior quality. On the surrounding Keys, Turtle of various description 
may be taken. 

Every effort will be made to settle this section of the country as speedily as pos- 
sible ; contracts have been made for building five houses, for the accommodation of 
workmen on Sanybal Island, where the first settlement will be made. 

I am satisfied you will do an essential service by publishing this communication. 
I am personally acquainted with the gentlemen who were engaged in this expedi- 
tion, and their statements may be relied on as correct. 
I remain yours truly, 

B. B. STROBEL, M. D. 



Fro7n the Neio York Gazette. 

East Florida. — I would inform you that I have just returned from the St. John's 
River, in East Florida. I found the country of every promise for new settlers, first 
as regards the climate, and next the soil. The climate is perfeclly healthy, so much 
so that invalids at a very low stage of health resort to it for its benefit, and astonish- 
ingly recover and regain themselves ; whereas had they remained in a cooler cli- 
mate, no doubt they would have been numbered with the dead. The soil is very 
easily cultivated, being level and sandy, and its staple productions are corn, sweet 
potatoes, cotton, canes, and oranges — all these are profitable and of immediate sale ; 
also immense quantities of moss, which is spontaneous. The land in its natural 
growth is that of five oak and common yellow pine and cypress, with abundance of 
pasture for cattle, the price of which is from one dollar to five dollars the acre, ac- 
cording to quality and richness of soil. The orange groves are very productive, and 
take five years before they are at full growth, though three years after their taking 
growth from the seed or strip plant, they produce oranges, and increase yearly its 
fruit, until the fifth, when they are at their heighth ; and the only trouble and care 
requisite for the orange tree, is to wash the body about three times in the year, to 
keep it free from insects and weeds — some groves give a yearly income of from 
eight to twelve hundred dollars : this is independent of your other productions that 
the land affords, as an orange grove of three hundred trees is the largest tliat should 
be on one spot ; and this only occupies about five or six acres of land. I would also 
9 



66 

mention for the information of those persons travelling towards St. Augustine, that 
the conveyance to that place is now much more comfortable in consequence of a 
steamboat having been put on the route from Savanah to Jacksonville, on the St. 
John's River, inland; thus enabling invalids and others, who travel that way, to leave 
New-York in a Charleston packet, and thence to Jacksonville, on the St. John's 
River, inland; and from Jacksonville to St. Augustine, with only a journey of 
thirty miles by land. 

VERITAS. 



From a Florida Paper. 



It is a fact that may be proved by reference to J. & C. Lavvton, merchants 
Charleston, S. C. that Col. Dummett, of " Tomoka," Florida, manufactured from 
one acre of cane, four hogsheads of sugar, averaging more than 1000 lbs. each, 
worth 9 J cts. per lb. This is an extraordinary product, and may stagger those who 
are unacquainted with the superior capacities of the Florida soil. But the incredu- 
lous may be satisfied upon proper application. The prospects of Florida are 
brightening, and many capitalists are looldng out for settlements. Col. Dummett's 
crop of sugar will be necir 100 hhds. and bears a much better price in market than 
the Louisiana sugar. 



Communicated by Henry Crugcr, Esq. of Florida. 
Col. Dummett made 97 hhds. sugar on his plantation at " Tomoka," East Florida, 
with 18 hands,— each hhd. being 1000 lbs. net, which sold at $9 the 100 lb., aud is 

$90 the hhd.— 97 hhds. at $90 each, is $8730 00 

Value his hands at $450 each, - - - - - 8100 00 



Negroes paid for by one crop, and a balance in his favor of $ 630 00 

Col. Clinch, of Alachua, made 196 hhds. sugar, with 46 hands. 

190 hhds. sugar, at $90, is $17640 00 

Also 14000 gallons molasses, which sold for - - - - 2800 00 

4000 bushels com, do .... 1000 00 

Other crop sold for . . - lOOO 00 



22440 00 
46 hands worth $450 each, 20700 00 



Negroes paid for by one crop, and balance in his favor of - $1740 00 

Col. Mcintosh, with 22 hands made 90 hhds, which at $90, each is $8100 00 

5000 gallons molasses sold for 1000 00 

Corn, rice, peas, beans, &c. sold for - - - - - 1100 00 

$10200 00 



67 

Doctor T s, one of the settlers, in the Aradondo Tract, with 12 hands mada 

50 hhds. sugar, which sold for $90 each, is - 

7000 gallons molasses, sold for 

2000 bushels corn, 

Rice, beans, peas, &c. 

$7700 00 
All the above are proceeds of the crop of 1832-3. 



$4500 00 


1400 00 


1200 00 


600 00 



Extract of a Letter from Col. G. Humphries, dated " Wantons" 23<Z Aug. 1833. 

"Our summer has been thus far healthy, and the seasons have been favorable to 
the planting interest; the provision crop, which is more than abundant, is made and 
beyond the reach of casualty or the incertitude of the weather, and prospects, as to 
sugar and cotton, are most promising ; and at this advanced period of tlie year, there 
is little room to apprehend a failure." 

(Signed) G. HUMPHRIES. 



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